Conn. Crim. Jury Instr. 9.1-9

Physically Disabled Person -- § 53a-119 (1), (2) and

(3) and § 53a-123 (a) (5)

Note: This instruction is for crimes committed on or after October 1, 2017. Public Acts No.

17-87, § 5, revised the definition of the offense by adding conserved persons. For crimes

committed before October 1, 2017, see Instruction 9.1-9 (archived).

If the victim of larceny by embezzlement, larceny by obtaining property by false pretenses,

or larceny by obtaining property by false promise is sixty years of age or older, is a

conserved person, or is blind or physically disabled, the offense is defined as second degree

larceny in § 53a-123 (a) (5) regardless of the nature or value of the property.

The defendant is charged [in count__] with larceny (by embezzlement / by obtaining property by

false pretenses / by obtaining property by false promise) in the second degree against a person

who is (sixty years of age or older / a conserved person / blind / physically disabled). The statute

defining this offense reads in pertinent part as follows:

A person is guilty of larceny in the second degree when (he/she) commits larceny and

the property, regardless of its nature or value, is obtained by (embezzlement / false

pretenses / false promise) and the complainant is (sixty years of age or older / a

conserved person / blind / physically disabled).

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

beyond a reasonable doubt:

Element 1 - Committed larceny

The first element is that the defendant committed larceny (by embezzlement / by obtaining

property by false pretenses / by obtaining property by false promise) in the second degree.

<Insert elements from the instruction for the underlying crime:>

• § 53a-119 (1): Larceny by Embezzlement, Instruction 9.1-6.

• § 53a-119 (2): Larceny by Obtaining Property by False Pretenses, Instruction 9.1-7.

• § 53a-119 (3): Larceny by Obtaining Property by False Promise, Instruction 9.1-8.

Element 2 - Status of complainant

The second element is that <insert name of complainant> was at the time <insert as

appropriate:>

• at least sixty years of age.

• a conserved person. For purposes of this offense, a conserved person means a person for

whom involuntary representation has been granted by a court.

• blind. For purposes of this offense a person is blind if (his/her) central visual acuity does

not exceed 20/ 200 in the better eye with correcting lenses, or if (his/her) visual acuity is

greater than 20/200 but is accompanied by a limitation in the fields of vision such that the

widest diameter of the visual field subtends an angle no greater than twenty degrees.

<Insert any medical evidence.>

• physically disabled. For purposes of this offense, a person is physically disabled if

(he/she) has any chronic physical handicap, infirmity or impairment, whether congenital

or resulting from bodily injury, organic process or changes or from illness, including, but

not limited to, epilepsy, deafness or hearing impairment or reliance on a wheelchair or

other remedial appliance or device.

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant <insert the

concluding summary from the instruction for the underlying crime>, and that <insert name of

complainant> was (at least 60 years of age / blind / physically disabled).

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

of the crime of larceny in the second 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 The definitions of “blind” and “physically disabled” are from General Statutes § 1-1f, which is

specifically referenced in § 53a-123 (a) (5). The definition of “conserved person” is adapted

from General Statutes § 45a-644, which is specifically referenced in § 53a-123 (a) (5).