Conn. Crim. Jury Instr. 8.6-1

The defendant is charged [in count__] with riot in the first degree. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of riot in the first degree when simultaneously with six or more

other persons (he/she) engages in tumultuous and violent conduct and thereby

(intentionally / recklessly) (causes / creates a grave risk of causing) public alarm, and

in the course of and as a result of such conduct, (a person other than one of the

participants suffers physical injury / substantial property damage occurs).

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

beyond a reasonable doubt:

Element 1 - Tumultuous and violent conduct

The first element is that the defendant engaged in tumultuous and violent conduct

1 that involved

physical violence or portended imminent physical violence. “Imminent” means impending or

likely to occur immediately.

Element 2 - Six or more other persons

The second element is that (he/she) did so simultaneously with six or more other persons.

Element 3 - Intent

The third element is that the defendant

• acted with the intent to (cause / create a grave risk of causing) public alarm. 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.>

• recklessly (caused / created a grave risk of causing) public alarm. A person acts

“recklessly” with respect to a result or circumstances when (he/she) is aware of and

consciously disregards a substantial and unjustifiable risk that such result will occur or

that such circumstances exist. <See Recklessness, Instruction 2.3-4.>

“Alarm” means a fear caused by the sudden realization of danger. “Public alarm” is when such a

fear is created in a public area and affects a large number of people in that area.

Element 4 - Injury / property damage

The fourth element is that in the course of and as a result of such conduct, (a person other than

one of the participants suffered physical injury / substantial property damage occurred). <Insert

appropriate definition:>

• “Physical injury” means impairment of physical condition or pain.

• “Substantial” means that the property damage caused must be something more than

trivial or inconsequential as we consider such estimates in our ordinary experiences in

life.

Conclusion

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

in tumultuous and violent conduct, 2) (he/she) did so simultaneously with six or more other

persons, 3) (he/she) (intentionally / recklessly) (caused / created a grave risk of causing) public

alarm, and 4) (a person other than one of the participants suffered physical injury / substantial

property damage occurred).

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

of riot in the first degree, 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 In State v. Indrisano, 228 Conn. 795, 811-12 (1994), a case that involved the disorderly

conduct statute, § 53a-182 (a), the court construed the phrase “[e]ngages in fighting or in violent,

tumultuous or threatening behavior” to refer to physical action. See Disorderly Conduct,

Instruction 8.4-8.