Conn. Crim. Jury Instr. 6.13-1

Note: This instruction is for crimes committed on or after October 1, 2017. Public Acts No.

17-31, § 3, substantially revised the definition of the offense by adding suffocation. For

crimes committed before October 1, 2017, see Instruction 6.13-1 (archived).

The defendant is charged [in count__] with strangulation or suffocation in the first degree. The

statute defining this offense reads in pertinent part as follows:

a person is guilty of strangulation or suffocation in the first degree when such person

commits strangulation or suffocation in the second degree and <insert appropriate

subsection:>

• § 53a-64aa (a) (1) (A): in the commission of such offense, such person uses or attempts

to use a dangerous instrument.

• § 53a-64aa (a) (1) (B): in the commission of such offense, such person causes serious

physical injury to such other person.

• § 53a-64aa (a) (2): such person has previously been convicted of a violation of

strangulation in the first or second degree.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Committed strangulation or suffocation in the second degree

The first element is that the defendant committed strangulation or suffocation in the second

degree. <Insert the elements from Strangulation or Suffocation in the Second Degree,

Instruction 6.13-2.>

Element 2 - Additional factor

The second element is that the defendant <insert as appropriate:>

• in the course of committing strangulation or suffocation, the defendant used or attempted

to use a dangerous instrument. “Dangerous instrument” means any instrument, article or

substance which, under the circumstances in which it is used or attempted or threatened

to be used, is capable of causing death or serious physical injury. “Serious physical

injury” means physical injury which creates a substantial risk of death, or which causes

“serious disfigurement,” serious impairment of health or serious loss or impairment of the

function of any bodily organ. It is important to note that the article need not be inherently

dangerous; all that is required is that the article was capable of causing death or serious

physical injury under the circumstances in which it was used. Any article or substance,

without limitation and even though harmless under normal use, may be found by you to

be a dangerous instrument if, under the circumstances of its use or threatened or

attempted use, it is capable of producing serious physical injury or death. The state need

not prove that in fact death or serious physical injury resulted, only that the instrument

had that potential under the circumstances.

• in the course of committing strangulation or suffocation, the defendant caused serious

physical injury to the person. “Serious physical injury” means physical injury which

creates a substantial risk of death, or which causes “serious disfigurement,” serious

impairment of health or serious loss or impairment of the function of any bodily organ.

• has previously been convicted of strangulation in either the first or second degree.

“Convicted” means having a judgment of conviction entered by a court of competent

jurisdiction.

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding

summary from the instruction for strangulation or suffocation in the second degree>, and that

<insert additional factor>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of strangulation or suffocation in the first degree, then you shall find the defendant

guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a

reasonable doubt any of the elements, you shall then find the defendant not guilty.