Conn. Crim. Jury Instr. 6.6-3

The defendant is charged [in count__] with custodial interference in the second degree. The

statute defining this offense reads in pertinent part as follows:

a person is guilty of custodial interference in the second degree when knowing that

(he/she) has no legal right to do so, (he/she) takes or entices from lawful custody any

(incompetent person / person entrusted by authority of law to the custody of another

person or institution).

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

beyond a reasonable doubt:

Element 1 - Took person

The first element is that the defendant took or enticed from lawful custody (an incompetent

person / a person entrusted to the custody of another person or institution). [“Incompetent

person” means a person who has been adjudged incompetent by a court of competent

jurisdiction.”

1] <Insert specific allegations concerning the status of the person.>

Element 2 - Knowledge of no legal right

The second element is that the defendant knew at the time, that (he/she) had no legal right to do

so. A person acts “knowingly” with respect to conduct or to a circumstance when (he/she) is

aware that (his/her) conduct is of such nature or that such circumstance exists. <See Knowledge,

Instruction 2.3-3.>

Conclusion

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

enticed (an incompetent person / person entrusted to the custody of another person or institution),

and 2) (he/she) knew that (he/she) had no legal right to do so.

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

of the crime of custodial interference 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 § 17a-680 (12).