Conn. Crim. Jury Instr. 7.6-7

The defendant is charged [in count __] with harmful communication with a minor. The statute

defining this offense reads in pertinent part as follows:

A person, who is twenty-five years of age or older, is guilty of harmful

communication with a minor when such person uses an interactive computer service

or text message to knowingly persuade, induce, entice, or coerce a minor to engage in

any communication that is part of a pattern of communication or behavior designed to

form or maintain an inappropriate relationship.

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

beyond a reasonable doubt:

Element 1 – Age of Defendant

The first element is that at the time of the alleged offense, the defendant had attained the age of

twenty-five years or older.

Element 2 - Use of Interactive Computer Service/Text Message to Engage Minor in

Communication

The second element is that the defendant used (an interactive computer service / a text message)

to (persuade / induce / entice / coerce) a minor to engage in communication.

“Interactive computer service” means any information service, system or access software

provider that provides or enables computer access by multiple users to a computer server,

including specifically a service or system that provides access to the internet and such systems

operated or services offered by libraries or educational institutions.

“Text message” means an electronic communication typically sent and received by mobile

phone.

“Minor” means any person under eighteen years of age, or whom the actor reasonably believes to

be under eighteen years of age.

“Persuade” means to prevail on a person to do something, as by advising or urging.

“Entice” means to lead on by exciting hope or desire.

“Induce” means to lead or move by persuasion or influence, as to some action or state of mind.

“Coerce” means to compel by force, intimidation, or authority, especially without regard for

individual desire or volition.

Element 3 – Knowingly

The third element is that the defendant knowingly (persuaded / induced / enticed / coerced) the

minor to engage in communication.

A person acts “knowingly” with respect to conduct or a circumstance when (he/she) is aware that

(his/her) conduct is of such a nature or that such circumstance exists. <See Knowledge,

Instruction 2.3–3.>

Element 4 - Pattern of Communication or Behavior

The fourth element is that the communication in which the defendant and the minor engaged was

part of a pattern of communication or behavior.

“Pattern of communication or behavior” means repeated and related instances of communication

and/or behavior between the defendant and the minor.

Element 5 – Designed to Form / Maintain an Inappropriate Relationship

The fourth element is that the pattern of communication or behavior was designed by the

defendant to form or maintain an inappropriate relationship with the minor.

The state must prove that the defendant, by engaging in the pattern of communication or

behavior with the minor, intended to form or maintain an inappropriate relationship with the

minor.

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.>

“Inappropriate relationship” means a relationship that is patently offensive to prevailing

standards in the adult community as a whole with respect to what is a suitable relationship

between an adult and a minor.

Whether the pattern of communication or behavior in which the defendant and minor engaged

was designed by the defendant to form an inappropriate relationship with the minor is a question

of fact for you to determine.

Conclusion

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

the age of twenty-five years or older; 2) (he/she) used an interactive computer service / text

message); to (persuade / induce / entice / coerce) a minor to engage in communication; 3)

(he/she) did so knowingly; 4) the communication between the defendant and the minor was part

of a pattern of communication or behavior; and 5) it was designed by the defendant to form an

inappropriate relationship with the minor.

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

of the crime of harmful communication with a minor, 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.

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1 General Statutes § 53a-196j (a) (2); General Statutes § 53a-90a.

2 General Statutes § 53a-196j (a) (1). This language appears designed for allegations involving

law enforcement playing the role of a minor in an undercover capacity.

3 See Dictionary.com for each of the foregoing definitions.

4 General Statutes § 53a-196j (a) (3).