Conn. Crim. Jury Instr. 7.5-4

The defendant is charged [in count__] with public indecency. The statute defining this offense

reads in pertinent part as follows:

a person is guilty of public indecency when (he/she) performs (an act of sexual

intercourse / a lewd exposure of the body with intent to arouse or to satisfy the sexual

desire of the person / a lewd fondling or caress of the body of another person) in a

public place.

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

beyond a reasonable doubt:

Element 1 - Indecent act

The first element is that the defendant performed an act involving <insert one or more of the

following:>

• sexual intercourse. “Sexual intercourse” mean vaginal intercourse, anal intercourse,

fellatio or cunnilingus between persons regardless of sex.

• lewd exposure of the body with intent to arouse or to satisfy (his/her) sexual desire.

“Lewd” means obscene or indecent. “Expose” means to lay open, to display, or to reveal.

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.>

• a lewd fondling or caressing of the body of another person. “Lewdly” means obscenely

or indecently. “Caress” means to touch or stroke.

Element 2 - In a public place

The second element you must find beyond a reasonable doubt is that the act occurred in a public

place. “Public place” means any place where the conduct may reasonably be expected to be

viewed by others.

Conclusion

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

indecent act, specifically <insert alleged act>, and 2) did so in a public place.

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

of the crime of public indecency, 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. Cutro, 37 Conn. App. 534, 543 (1995) (defendant standing in front of the window in

his apartment was “in a public place” for purposes of this statute because he was easily viewed

by others); State v. Vega, 38 Conn. Supp. 313, 315 (App. Sess. 1982) (same).