Conn. Crim. Jury Instr. 8.4-9

The defendant is charged [in count__] with obstructing free passage. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of obstructing free passage when, after being warned by a law

enforcement officer not to do so, (he/she) <insert appropriate subsection:>

• § 53a-182a (a) (1): stands, sits or lies in or upon any public street, curb, crosswalk,

walkway area, mall or the portion of private property utilized for public use, so as to

obstruct unreasonably the free passage of pedestrians thereon.

• § 53a-182a (a) (2): obstructs unreasonably or prevents free access to the entrance to any

building open to the public.

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

beyond a reasonable doubt:

Element 1 - Obstructed free passage

The first element is that the defendant <insert as appropriate:>

• stood, sat or lay in or upon any public street, curb, crosswalk, walkway area, mall or the

portion of private property utilized for public use in such a way as to obstruct

unreasonably the free passage of pedestrians on <identify area>.

• unreasonably obstructed or prevented free access to the entrance to <identify building>,

and <identify building> is open to the public.

“Obstruct” means to get in the way of; cut off; block.

Element 2 - Warning

The second element is that the defendant had been warned by a law enforcement officer not to do

so. A law enforcement officer is a policeman, sheriff, deputy sheriff, constable or other officer

whose duty is to enforce the laws and preserve the peace.

Conclusion

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

obstructed <insert specific allegations>, and 2) the defendant had been warned by a law

enforcement officer not to do so.

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

of the crime of obstructing free passage, 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 Black’s Law Dictionary (8th Ed. 2004).