Conn. Crim. Jury Instr. 6.4-5

Credit Union) -- § 53a-135 (a) (2)

New, May 23, 2013

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 in the course of committing a

larceny while on the premises of a [bank / Connecticut credit union / federal credit

union], intimidates an employee of the [bank / Connecticut credit union / federal

credit union] by intentionally engaging in conduct that causes another person to

reasonably fear for his or her physical safety or the physical safety of another for the

purpose of <insert appropriate subsection:>

• § 53a- 134 (a) (2) (A): preventing or overcoming resistance to the taking of the property

or to the retention thereof immediately after the taking of the property.

• § 53a- 134 (a) (2) (B): compelling the owner of such property or another person to

deliver up the property or to engage in other conduct which aids in the commission of the

larceny.

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

beyond a reasonable doubt:

Element 1 - Committed larceny

The first element is that the defendant committed larceny. <Insert the elements from Larceny,

Instruction 9.1-1.>

Element 2 - On premises of bank or credit union

The second element is that the larceny occurred on the premises of a bank or credit union.

<Insert appropriate definition:>

• “Bank” means a Connecticut bank or a federal bank.

• “Connecticut credit union” means a cooperative, nonprofit financial institution that (A) is

organized under the Connecticut Credit Union Act and the membership of which is

limited as provided by that act, (B) operates for the benefit and general welfare of its

members with the earnings, benefits or services offered being distributed to or retained

for its members, and (C) is governed by a volunteer board of directors elected by and

from its membership.

• “Federal credit union” means any institution chartered or organized as a federal credit

union pursuant to the laws of the United States having its principal office in this state.3

Element 3 - Intimidated an employee

The third element is that the defendant intimidated an employee of the (bank / credit union) by

intentionally engaging in conduct that causes another person to reasonably fear for his or her

physical safety or the physical safety of another for the purpose of:

• § 53-135 (a) (2) (A): preventing or overcoming resistance to the taking of the property or

to the retention thereof immediately after the taking of the property.

• § 53-135 (a) (2) (B): compelling the owner of such property or another person to deliver

up the property or to engage in other conduct which aids in the commission of the

larceny.

Conclusion

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

larceny, 2) the larceny was committed on the premises of a bank or credit union, and 3) the

defendant intimidated an employee of the (bank / credit union).

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.

1 General Statutes § 36a-2 (4).

2 General Statutes § 36a-2 (13).

3 General Statutes § 36a-2 (30).