Conn. Crim. Jury Instr. 9.2-6

The defendant has raised an affirmative defense to the charge of burglary. The state has the

burden of proving beyond a reasonable doubt each of the elements of burglary in the (first /

second / third) degree. If you are satisfied that the state has proved these elements beyond a

reasonable doubt, you must still consider whether the defendant has proved (his/her) affirmative

defense.

<See Affirmative Defense, Instruction 2.9-1.>

The defendant claims that the building involved in the offense was abandoned. The word

“abandon,” as used in the statute, has a meaning in law that is not entirely the same as in

everyday speech. It is not enough to show that the building was vacant or unoccupied or uncared

for. To prove abandonment, the defendant must convince you, by a preponderance of the

evidence, that the owner had totally withdrawn from the building, had laid aside all care for it,

and had left it altogether to itself, voluntarily relinquishing possession of it with the intention of

terminating ownership, but without vesting it in any other person.

<Substitute the following paragraphs for the final paragraph in the instruction for burglary:>

If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the

elements of the crime of burglary in the (first / second / third) degree, you shall then find the

defendant not guilty and not consider (his/her) affirmative defense.

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

elements, then you shall consider the defendant’s affirmative defense. If you unanimously find

that the defendant has proved (his/her) defense by a preponderance of the evidence, then you

shall find the defendant not guilty. If you unanimously find that the defendant has not proved

(his/her) affirmative defense by a preponderance of the evidence, then you shall find the

defendant guilty.

1 Black’s Law Dictionary (8th Ed. 2004).