Conn. Crim. Jury Instr. 7.1-10

The defendant is charged [in count__] with sexual assault in the third degree with a firearm.

The statute defining this offense reads in pertinent part as follows:

a person is guilty of sexual assault in the third degree with a firearm when such

person commits sexual assault in the third degree and in the commission of such

offense, such person (uses / is armed with and threatens the use of / displays or

represents by such person’s words or conduct that such person possesses) a pistol,

revolver, machine gun, rifle, shotgun or other firearm.

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

beyond a reasonable doubt:

Element 1 - Committed sexual assault in the third degree

The first element is that the defendant committed sexual assault in the third degree. <Insert the

elements from the instruction for the alleged underlying crime:>

• § 53a-72a (a) (1): Sexual Assault in the Third Degree, Instruction 7.1-7.

• § 53a-72a (a) (2): Sexual Assault in the Third Degree, Instruction 7.1-8

• § 53a-72a (a) (3): Sexual Assault in the Third Degree, Instruction 7.1-9.

Element 2 - With a firearm

The second element is that the defendant <insert as appropriate:>

• used a firearm;

• was armed with, and threatened the use of a firearm;

• displayed or represented by words or conduct that (he/she) possessed a firearm. [<If

appropriate:> It is not required that what the defendant represents to be a firearm be

loaded or that the defendant actually have a firearm. It need only be represented by

words or conduct that (he/she) is so armed.]

<Describe specific allegations regarding firearm.> The term “firearm” includes any sawed-off

shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or

unloaded, from which a shot may be discharged.

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding

summary from the instruction for the underlying crime>, and that the defendant (used / was

armed with and threatened the use of / displayed or represented that (he/she) possessed) a

firearm.

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

of the crime of sexual assault in the third degree with a firearm, 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 See definitions for machine gun, rifle, shotgun, and pistol or revolver in the glossary.