Conn. Crim. Jury Instr. 6.9-1

Intellectually Disabled Person -- § 53a-321, § 53a-322,

and § 53a-323

Note: The degree of the offense depends on the defendant’s intent and the resulting injury.

See the table in the commentary.

The defendant is charged [in count__] with abuse in the (first / second / third) degree. The

statute defining this offense reads in pertinent part as follows:

a person1 is guilty of abuse in the (first / second / third) degree when such person

(intentionally / knowingly / recklessly) commits abuse of (a/an) (elderly / blind /

disabled / intellectually disabled

2) person and causes (serious physical injury /

physical injury) to such (elderly / blind / disabled / intellectually disabled) person.

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 acted: <insert applicable intent depending upon the degree

of the offense charged:>

• First degree: intentionally. 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.>

• Second degree: knowingly. 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.>

• Third degree: recklessly. A person acts “recklessly” with respect to a result or

circumstances when (he/she) is aware of and consciously disregards a substantial and

unjustifiable risk that such result will occur or that such circumstances exist. The risk

must be of such nature and degree that disregarding it constitutes a gross deviation from

the standard of conduct that a reasonable person would observe in the situation. <See

Recklessness, Instruction 2.3-4.>

Element 2 - Abuse

The second element is that the defendant committed abuse of (a/an) (elderly / blind / disabled /

intellectually disabled) person. “Abuse” means any repeated act or omission that causes physical

injury or serious physical injury to (a/an) (elderly / blind / disabled / intellectually disabled)

person, except when (A) the act or omission is a part of the treatment or care, and in furtherance

of the health and safety of the (elderly / blind / disabled / intellectually disabled) person, or (B)

the act or omission is based upon the instructions, wishes, consent, refusal to consent, or

revocation of consent of a[n] (elderly / blind / disabled / intellectually disabled) person, or the

legal representative of an incapable (elderly / blind / disabled / intellectually disabled) person.

“Repeated” means an act or omission that occurs on two or more occasions.

<Insert appropriate definition:>

• An “elderly person” means any person who is sixty years of age or older.

• A “blind person” means any individual whose central vision acuity does not exceed

20/200 in the better eye with correcting lenses, or if (his/her) visual acuity is greater than

20/200 but is accompanied by a limitation in the fields of vision such that the widest

diameter of the visual field subtends to an angle no greater than twenty degrees.

• A “disabled person” means any individual who has any chronic physical handicap,

infirmity or impairment, whether congenital or resulting from bodily injury, organic

processes or changes from illness, including, but not limited to, epilepsy, deafness or

hearing impairment or reliance on a wheelchair or other remedial appliance or device.

• A “intellectually disabled person” means any individual who has a significantly

subaverage general intellectual functioning existing at the same time as deficits in

adaptive behavior and manifested during the developmental period.

Element 3 - Resulting injury

The third element is that by that abuse, the defendant caused (serious physical injury / physical

injury)

3 to <insert name of person injured>. <Insert appropriate definition:>

• “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.

• “Physical injury” means impairment of physical condition or pain.

This means that the defendant’s conduct was the proximate cause of the person’s injuries. You

must find it proved beyond a reasonable doubt that <insert name of person injured> was injured

as a result of the actions of the defendant. <See Proximate Cause, Instruction 2.6-1.>

Conclusion

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

(intentionally / knowingly / recklessly), 2) the defendant committed abuse of <insert name of

person>, who was at the time (a/an) (elderly / blind / physically disabled / intellectually disabled)

person, and 3) as the result of that abuse, the defendant caused (serious physical injury / physical

injury) to <insert name of person>.

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

of the crime of abuse of a[n] (elderly / blind / disabled / intellectually disabled) person in the

(first / second / third) 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 statutory definition of “person” in General Statutes § 53a-320 refers to the defendant and

means any natural person, corporation, partnership, limited liability company, unincorporated

business or other business entity.

2 Public Acts 2011, No. 11-129, § 1, replaced the term “mental retardation” with “intellectual

disability,” effective October 1, 2011.

3 See table below.