Conn. Crim. Jury Instr. 6.4-1

The defendant is charged [in count__] with robbery in the first degree. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of robbery in the first degree when, in the course of the commission

of the crime of robbery or of immediate flight therefrom, (he/she) or another

participant in the crime <insert appropriate subsection:>

• § 53a-134 (a) (1): causes serious physical injury to any person who is not a participant in

the crime.

• § 53a-134 (a) (2): is armed with a deadly weapon.

• § 53a-134 (a) (3): uses or threatens the use of a dangerous instrument.

• § 53a-134 (a) (4): displays or threatens the use of what (he/she) represents by (his/her)

words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.”

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

beyond a reasonable doubt:

Element 1 - Committed robbery

The first element is that the defendant committed a robbery. <Insert the elements from Robbery

in the Third Degree, Instruction 6.4-3.>

Element 2 - Additional factor

The second element is that in the course of the commission of the robbery or immediate flight

from the crime, the defendant or another participant in the crime <insert as appropriate:>

• § 53a-134 (a) (1): caused serious physical injury to any person who was not a participant

in the crime. “Serious physical injury” means more than “physical injury,” which is

defined as impairment of physical condition or pain. It is more than a minor or

superficial injury. It is defined by statute as physical injury that creates a substantial risk

of death, or that causes “serious disfigurement,” serious impairment of health or serious

loss or impairment of the function of any bodily organ.

• § 53a-134 (a) (2): was armed with a deadly weapon. “Deadly weapon” is defined by

statute as any weapon, whether loaded or unloaded, from which a shot may be

discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal

knuckles. If the weapon is a firearm, it may be unloaded, but it must be in such condition

that a shot may be discharged from it. Thus, if the weapon is loaded but not in working

order, it is not a deadly weapon. If the weapon is unloaded but in working order, it is a

deadly weapon. The word “armed” simply requires that the weapon be in the defendant’s

possession.

• § 53a-134 (a) (3): used or threatened the use of 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.

• § 53a-134 (a) (4): displayed or threatened the use of what (he/she) represented by words

or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. It is not

required that the defendant actually have such a weapon. (He/She) need only represent

by words or conduct that (he/she) is so armed to be guilty of the crime of robbery in the

first degree. It is sufficient if the other person is made to believe that the object is such a

weapon or if the defendant holds or wraps the object in such a way as to create the

impression that (he/she) is holding a firearm.

“Immediate flight” means that it occurred so close in point of time to the commission of the

robbery as to become part of the robbery. The law does not require that the (weapon / dangerous

instrument) be used or employed for any particular purpose or object.

[<Include if there were multiple participants in the robbery:> If any person who participated in

the crime (caused serious physical injury / was armed with a deadly weapon / used or threatened

to use a dangerous instrument / displayed or threatened the use of what (he/she) represented by

words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm) while in

immediate flight from the crime, then all participants in the robbery would be just as guilty of

first degree robbery as if they had themselves actually done so.

1]

Conclusion

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

summary from the instruction for robbery in the third degree>, and that <insert the additional

factor>.

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

of the crime of robbery 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.

1 The language of § 53a-134 (“or another participant in the crime”) “applies to principals and

accessories on its face, so the court need not explain the concept of accessorial liability as it

relates to the robbery charge.” State v. Davis, 255 Conn. 782, 791 n.8 (2001).