Conn. Crim. Jury Instr. 6.9-2

The defendant is charged [in count __] with cruelty to persons. The statute defining this offense

reads in relevant part:

Any person who intentionally tortures, torments or cruelly or unlawfully punishes

another person or intentionally deprives another person of necessary food, clothing,

shelter or proper physical care shall be guilty.

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 intentionally. A person acts “intentionally” with

respect to conduct when (his/her) conscious objective is to engage in such conduct. <See Intent:

General, Instruction 2.3-1.>

Intent relates to the condition of mind of the person who commits the act, (his/her) purpose in

doing it. General intent is the intent to engage in conduct. In this case, it is not necessary for the

state to prove that the defendant intended the precise harm or the precise result which eventuated.

Rather, the state is required to prove that the defendant intentionally and not inadvertently or

accidentally engaged in (his/her) actions. In other words, the state must prove that the

defendant’s actions were intentional, voluntary and knowing rather than unintentional,

involuntary and unknowing.

<See Evidence of Intent, Instruction 2.3-2>

Element 2 – Cruelty

The second element is that (1) the defendant tortured, tormented or cruelly or unlawfully

punished <insert name of person>, or that (2) the defendant deprived <insert name of person> of

necessary food, clothing, shelter or proper physical care. The following words should be given

their ordinary meaning:

“Torture” means to inflict intense pain.

“Torment” means to cause extreme pain or anguish of body or mind.

“Cruelly” means imposed to inflict or cause pain or suffering.

“Unlawfully” means not specifically authorized by law.

“Punish” means to impose a penalty as for a fault or offense.

“Proper Physical Care” means that degree of care that a reasonable person would provide to

another person to maintain (his/her) well-being.

[<Include if appropriate:>

Specific Unanimity

The state has alleged that the defendant has committed the offense of cruelty to persons in two

different ways, (1) by torturing, tormenting, or cruelly or unlawfully punishing <insert name of

person> or (2) by depriving <insert name of person> of necessary food, clothing, shelter or

proper physical care. You may find the defendant guilty of the offense only if you all

unanimously agree on which of the two ways the defendant committed the offense. This means

you may not find the defendant guilty unless you all agree that the state has proved beyond a

reasonable doubt that the defendant tortured, tormented, or cruelly or unlawfully punished

<insert name of person> or you all agree that the state has proved beyond a reasonable doubt that

the defendant deprived <insert name of person> of necessary food, clothing, shelter or proper

physical care, or both.]

Conclusion

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

intentionally, and 2) the defendant tortured, tormented, or cruelly or unlawfully punished <insert

name of person>, or the defendant deprived <insert name of person> of necessary food, clothing,

shelter or proper physical care.

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

of the crime of cruelty to persons, then you shall find the defendant guilty [on count __]. 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.

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