Conn. Crim. Jury Instr. 8.2-30

Note: This instruction is for crimes committed on or after October 1, 2016. Public Act No.

16-152, § 1, substantially revised the definition of the offense. For the instruction for

crimes committed before October 1, 2016, see Instruction 8.2-24 (archived).

The defendant is charged [in count__] with hunting while intoxicated. The statute defining this

offense prohibits a person from hunting while under the influence of (intoxicating liquor / any

drug / both).

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

beyond a reasonable doubt:

Element 1 - Hunted with a firearm

The first element is that the defendant was engaged in hunting with a firearm. “Hunting” means

pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue,

shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not,

including any act of assistance to any other person in taking or attempting to take any such

animal.

Element 2 - While under the influence or impaired

The second element is that the defendant was under the influence of (intoxicating liquor / any

drug / both). A person shall be deemed under the influence when at the time of the alleged

offense the person <insert as appropriate:>

• is under the influence of (intoxicating liquor / any drug / both). A person is under the

influence of (intoxicating liquor / any drug / both) when, as a result of (drinking such

beverage / ingesting such drug / both) that person’s mental, physical, or nervous

processes have become so affected that (he/she) lacks to an appreciable degree the ability

to function properly in relation to (his/her) activities, in this case hunting.

• has an elevated blood alcohol content. For the purposes of this subdivision, “elevated

blood alcohol content” means (i) a ratio of alcohol in the blood of such person that is

eight-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person is

under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.3

Conclusion

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

and 2) the defendant was under the influence of (intoxicating liquor / drugs / both).

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

of the crime of hunting while intoxicated, 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 General Statutes § 26-1 (12).

2 Definition of “under the influence” is derived from cases involving driving under the influence.

See, e.g., State v. Gordon, 84 Conn. App. 519, 527 (2004).

3 See General Statutes § 53-206d (b) (1).