Conn. Crim. Jury Instr. 6.3-2

The defendant is charged [in count__] with reckless endangerment in the second degree. The

statute defining this offense reads in pertinent part as follows:

a person is guilty of reckless endangerment in the second degree when (he/she)

recklessly engages in conduct which creates a risk of physical injury to another

person.

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

beyond a reasonable doubt:

Element 1 - Acted recklessly

The first 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. <See

Recklessness, Instruction 2.3-4.>

Element 2 - Created risk of physical injury

The second element is that the defendant’s recklessness created a risk of causing physical injury

to another person.

1 “Physical injury” means impairment of physical condition or pain.

Conclusion

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

recklessly, and 2) created a risk of causing physical injury to another person.

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

of the crime of reckless endangerment in the second 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.

1 There has to be proof that another person was actually put at risk of physical injury. State v.

Thomas, 56 Conn. App. 573, 578 (defendant shot a pistol into the ground, but there was no

evidence of the presence of other people in the vicinity), cert. denied, 252 Conn. 953 (2000).