Conn. Crim. Jury Instr. 6.4-2

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

this offense reads in pertinent part as follows:

a person is guilty of robbery in the second degree when (he/she) commits robbery and

<insert appropriate subsection:>

• § 53-135 (a) (1) (A): (he/she) is aided by another person actually present.

• § 53-135 (a) (1) (B): in the course of the commission of the crime or of immediate flight

therefrom (he/she) or another participant in the crime displays or threatens the use of

what (he/she) represents by (his/her) words or conduct to be a deadly weapon or a

dangerous instrument.

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 <insert as appropriate:>

• § 53-135 (a) (1) (A): the defendant was aided by another person actually present. To find

that the defendant was aided by another person actually present, an accomplice must be

found to be present and actively aiding or assisting in the crime. Mere presence of an

inactive companion, passive acquiescence, or the doing of innocent acts that may in fact

aid the one who commits the crime, does not constitute such aid within the meaning of

the statute.

• § 53-135 (a) (1) (B): in the course of the commission of the crime or of immediate flight

from the crime (he/she) or another participant in the crime displayed or threatened the use

of what (he/she) represented by words or conduct to be a deadly weapon or dangerous

instrument. This does not require that the defendant or participant in fact had a deadly

weapon or a dangerous instrument, but had an article or instrument that (he/she)

represented as such.

“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.

“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.

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 (he/she) (was aided by

another person actually present / displayed or threatened the use of what was represented as a

deadly weapon or dangerous instrument).

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

of the crime of robbery 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.