Conn. Crim. Jury Instr. 9.2-5

Note: The degree of the offense depends on the degree of the underlying crime.

The defendant is charged [in count__] with burglary in the (second / third) degree with a firearm.

The statute defining this offense reads in pertinent part as follows:

a person is guilty of burglary in the (second / third) degree with a firearm when

(he/she) commits burglary in the (second / third) degree and in the commission of

such offense (he/she) (uses / is armed with and threatens the use of / displays or

represents by (his/her) words or conduct that (he/she) possesses) a pistol, revolver,

rifle, shotgun, machine gun or other firearm.

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

beyond a reasonable doubt:

Element 1 - Committed burglary in the second or third degree

The first element is that the defendant committed burglary in the (second / third) degree. <See

instruction for underlying crime:>

• § 53a-102: Burglary in the Second Degree, Instruction 9.2-3.

• § 53a-103: Burglary in the Third Degree, Instruction 9.2-4.

Element 2 - With a firearm

The second element is that in the commission of the burglary the defendant <insert as

appropriate:>

• used a firearm.

• was armed with and threatened the use of a firearm.

• displayed or represented by (his/her) words or conduct that (he/she) possessed a firearm.

[<If appropriate:> It is not required that what the defendant represents to be a firearm be

loaded or that the defendant actually have a firearm. It need only be represented by

words or conduct that (he/she) is so armed.]

<Describe specific allegations regarding firearm.> “Firearm” means any sawed-off shotgun,

machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from

which a shot may be discharged.2 You must find that the firearm was operable at the time of the

incident.3

Conclusion

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

summary from the instruction for the underlying crime>, and that in the commission of the crime

the defendant (used / was armed with and threatened the use of / displayed or represented by

words or conduct that (he/she) possessed) a pistol, revolver, rifle, shotgun, machine gun or other

firearm.

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

of the crime of burglary in the (second / third) degree with a firearm, 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 Carefully tailor this part of the instruction according to the nature of the conduct alleged and

the type of firearm involved. See State v. Tomlin, 266 Conn. 608, 626-27 (2003) (allegation of

“did shoot” only supported instructing on the first of three distinct methods of committing the

offense).

2 See definitions for machine gun, rifle, shotgun, and pistol or revolver in the glossary.

3 The defendant may raise as an affirmative defense that the firearm was not operable. See

Inoperability of Firearm, Instruction 2.9-3.