Conn. Crim. Jury Instr. 6.13-3

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

17-31, § 5, substantially revised the definition of the offense by adding suffocation. For

crimes committed before October 1, 2017, see Instruction 6.13-3 (archived).

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

statute defining this offense reads in pertinent part as follows:

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

recklessly restrains another person by the neck or throat or obstructs such person’s

nose or mouth and impedes the ability of such other person to breathe or restricts

blood circulation of such other person.

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

beyond a reasonable doubt:

Element 1 - Restrained another by the neck or throat or obstructed such person’s nose or

mouth

The first element is that the defendant restrained <insert name of complainant> by the neck or

throat, or obstructed <insert name of complainant>’s nose or mouth. “Restrain” means to restrict

a person’s movement.

Element 2 - Recklessness

The second element is that the defendant acted recklessly. A person acts “recklessly” with

respect to a result or circumstances when (he/she) is aware of and consciously disregards a

substantial and unjustifiable risk that such result will occur or that such circumstances exist.

<Insert Recklessness, Instruction 2.3-4.>

Element 3 - Impeded breathing or restricted blood circulation

The third element is that the defendant impeded <insert name of complainant>’s ability to

breathe or restricted (his/her) blood circulation.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant restrained

<insert name of complainant> by the neck or throat or obstructed <insert name of

complainant>’s nose or mouth, 2) (he/she) acted recklessly, and 3) (he/she) impeded <insert

name of complainant>’s ability to breathe or restricted (his/her) blood circulation.

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 third 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.