Conn. Crim. Jury Instr. 6.7-5

Note: This instruction is for crimes committed on or after October 1, 2021. Public Act No.

21-56, § 5, substantially revised the definition of the offense. For crimes committed before

October 1, 2021, see Instruction 6.7-5 (archived).

The defendant is charged [in count___] with harassment in the second degree. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of harassment in the second degree when with intent to harass,

terrorize or alarm another person, and for no legitimate purpose, (he/she)

communicates with a person by (telegraph / mail / electronically transmitting a

facsimile through connection with a telephone network / electronic mail, text message

or any other electronically sent message, whether by digital media account,

messaging program or application, or otherwise by computer, computer service or

computer network / any other form of communication), in a manner likely to cause

terror, intimidation, or alarm.

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

elements beyond a reasonable doubt:

Element 1 – Intent

The first element is that the defendant, for no legitimate purpose, intended to harass, terrorize or

alarm another person. A person acts “intentionally” with respect to a result when (his/her)

conscious objective is to cause such result. <See Intent: Specific, Instruction 2.3-1>

“Harass” means to trouble, worry or torment. “Terrorize” means to cause intense fear or

apprehension.

1 “Alarm” means to make suddenly afraid, anxious, or frightened. “Legitimate”

means in accordance with established rules, principles, or standards.

Element 2 - Communicates

The second element the state must prove beyond a reasonable doubt is that the defendant

communicated with <identify complainant> by (telegraph / mail / electronically transmitting a

facsimile through connection with a telephone network / electronic mail, text message or any

other electronically sent message / <insert any other form of communication>) in a manner likely

to cause terror, intimidation or alarm. For electronically sent messages, such messages may be

sent by a digital media account, a messaging program or application, or otherwise by a computer,

computer service or computer network.

[<Insert applicable definitions:>

• “Computer” means a programmable, electronic device capable of accepting and

processing data.

• “Computer network” means (A) a set of related devices connected to a computer by

communications facilities, or (B) a complex of two or more computers, including related

devices, connected by communications facilities.3

• “Computer service” includes, but is not limited to, computer access, data processing and

data storage.4

• “Digital media account” means any information accessed or shared through a digital

device or screen that uses an electronic device for its creation, editing, distribution, view,

and storage, including but not limited to social media, websites, software, video, audio,

and video games.5

• “Messaging program” and “messaging application” means software that enables

messages to be sent and received, including applications built into cell phones, smart

phones, or third-party applications used in lieu of the carrier’s application and include

text messaging, instant messaging and messaging systems.

6]

[<If the allegations rely on the content of the communication:>7 The second element is that the

defendant communicated with <identify complainant> by (telegraph / mail / electronically

transmitting a facsimile through connection with a telephone network / electronic mail, text

message or any other electronically sent message / <insert any other form of communication>)

during which (he/she) made a threat to commit an unlawful act of violence. For electronically

sent messages, such messages may be sent by a digital media account, a messaging program or

application, or otherwise by a computer, computer service or computer network. (See above

definitions.)

A threat can only be punishable when it is a true threat. <See True Threats, Instruction 2.2-8.>]

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) with intent to harass,

terrorize or alarm <identify complainant> and for no legitimate purpose 2) the defendant

communicated with <identify complainant> by <insert applicable form of communication> (in a

manner likely to cause terror, intimidation, or alarm / during which (he/she) made a threat to

commit an unlawful act of violence).

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

of the crime of harassment 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 State v. Dyson, 238 Conn. 784, 798-99 (1996).

2 General Statutes § 53a-250 (2).

3 General Statutes § 53a-250 (3).

4 General Statutes § 53a-250 (5).

5 See Dictionary.com; copypress.com.

6 P.C. Magazine encyclopedia; yourdictionary.com.

7 If the allegations rely on the content of the communication, the content must qualify as a true

threat. State v. Moulton, 310 Conn. 337, 360 (2014).