Conn. Crim. Jury Instr. 8.1-11

Note: This statute contains several other subsections, some of which are specific ways of

violating subsection (a), and some of which apply to the regulatory scheme applicable to

practitioners, such as medical doctors and pharmacists. Inquire of the state which

subsection is being relied on and tailor the instruction accordingly.

The defendant is charged [in count__] with obtaining a controlled substance by fraud. The

statute defining this offense reads in pertinent part as follows:

no person shall (obtain or attempt to obtain / procure or attempt to procure the

administration of) a controlled substance <insert appropriate subsection:>

• § 21a-266 (a) (1): by fraud, deceit, misrepresentation or subterfuge.

• § 21a-266 (a) (2): by the forgery or alteration of a prescription or of any written order.

• § 21a-266 (a) (3): by the concealment of a material fact.

• § 21a-266 (a) (4): by the use of a false name or the giving of a false address.

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

beyond a reasonable doubt:

Element 1 - Obtained or procured controlled substance

The first element is that the defendant (obtained or attempted to obtain / procured or attempted to

procure the administration of) a controlled substance, specifically <insert type of substance>.

Obtain and procure have their ordinary meanings. Attempt has its ordinary meaning.

[<Insert if applicable:> “Administer” means the direct application of a controlled substance,

whether by injection, inhalation, ingestion or any other means, to the body of a patient or

research subject by: (A) A practitioner, or, in (his/her) presence, by (his/her) authorized agent, or

(B) the patient or research subject at the direction and in the presence of the practitioner, or (C) a

nurse or intern under the direction and supervision of a practitioner.]

Element 2 - Means

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

• § 21a-266 (a) (1): (1) by fraud, deceit, misrepresentation, or subterfuge. Fraud consists

of some deceitful practice, or wilful device, resorted to with intent to deprive another of

(his/her) right, or in some manner to do (him/her) an injury. <See Intent to Defraud,

Instruction 2.3-6.> Deceit, misrepresentation and subterfuge have their ordinary

meaning.

• § 21a-266 (a) (2): by forgery or alteration of a prescription or of any written order.

Forgery means falsely making, completing, or altering a written instrument with intent to

defraud, deceive or injure another.

2 “Prescription” means a written, oral or electronic

order for any controlled substance or preparation from a licensed practitioner to a

pharmacist for a patient.

• § 21a-266 (a) (3): by the concealment of a material fact. As applicable here, a material

fact means a fact that if known would have affected the defendant’s ability to lawfully

receive a controlled substance or its administration.

• § 21a-266 (a) (4): by the use of a false name or the giving of a false address. False

means not true.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (obtained or

attempted to obtain / procured or attempted to procure the administration of) a controlled

substance, and 2) did so through <insert specific allegations>.

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

of the crime of obtaining a controlled substance by fraud, 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 Defining the Controlled Substance in the Introduction to this section.

2 Further definitions of these terms are found in General Statutes § 53a-137; see glossary entries

for “falsely makes,” “falsely completes,” and “falsely alters.”