Conn. Crim. Jury Instr. 8.1-12

The defendant is charged [in count__] with misrepresentation of a substance as a controlled

substance. The statute defining this offense imposes punishment on any person who knowingly

delivers or attempts to deliver a noncontrolled substance <insert appropriate subsection:>

• § 21a-268 (a) (1): upon the express representation that such substance is a controlled

substance.

• § 21a-268 (a) (2): under circumstances which would lead a reasonable person to believe

that such substance is a controlled substance.

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

beyond a reasonable doubt:

Element 1 - Delivered or attempted to deliver

The first element is that the defendant knowingly delivered or attempted to deliver a

noncontrolled substance. A noncontrolled substance is one that does not fall within the

definition of a controlled substance. The state must prove that the defendant knew that the

substance in question was not a controlled substance. A person acts “knowingly” with respect to

conduct or to a circumstance described by a statute defining an offense when he is aware that his

conduct is of such nature or that such circumstance exists. <See Knowledge, Instruction 2.3-3.>

“Deliver or delivery” means the actual, constructive or attempted transfer from one person to

another of such substance, whether or not there is an agency relationship. Attempt has its

ordinary meaning.

Element 2 - Misrepresentation

The second element is that the defendant represented through (his/her) words or conduct that the

substance was a controlled substance, specifically <insert type of substance>.

1 In other words,

the delivery or attempted delivery of the noncontrolled substance was <insert as appropriate:>

• upon the express representation that such substance was <insert type of substance>.

• under circumstances which would lead a reasonable person to believe that such substance

was <insert type of substance>.

Conclusion

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

delivered or attempted to deliver a noncontrolled substance, and 2) represented through (his/her)

words or conduct that the substance was <insert type of substance>.

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

of the crime of the misrepresentation of a substance as a controlled substance, 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.