Conn. Crim. Jury Instr. 9.2-8

The defendant is charged [in count__] with home invasion. The statute1 defining this offense

reads in pertinent part as follows:

a person is guilty of home invasion when such person unlawfully (enters / remains

in)2 a dwelling, while a person other than a participant in the crime is actually present

in such dwelling, with intent to commit a crime therein, and, in the course of

committing the offense <insert appropriate subsection:>

• (a) (1): acting either alone or with one or more persons, such person or another

participant in the crime commits or attempts to commit a felony against the person of

another person other than a participant in the crime who is actually present in such

dwelling.

• (a) (2): such person is armed with explosives or a deadly weapon or dangerous

instrument.

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

beyond a reasonable doubt:

Element 1 - Entered/remained in dwelling

The first element is that the defendant knowingly and unlawfully (entered / remained in) a

dwelling. A person acts “knowingly” with respect to conduct or circumstances when (he/she) is

aware that (his/her) conduct is of such nature or that such circumstances exist. <See Knowledge,

Instruction 2.3-3.>

“Dwelling” means a building that is usually occupied by a person lodging therein at night.

Therefore, a structure that cannot possibly be occupied as a lodging cannot be a dwelling.

You must also determine whether the defendant unlawfully (entered / remained in) the dwelling.

A person unlawfully (enters / remains in) a dwelling when (he/she) is not licensed or privileged

to do so. To be “licensed or privileged,” the defendant must either have consent from the person

in possession of the dwelling or have some other right to be in the dwelling.

[To “enter” a dwelling the intruder need not necessarily place (his/her) entire body inside the

dwelling. Inserting any part of (his/her) body, or an implement or weapon held by (him/her),

within the dwelling is sufficient to constitute such entry as long as it is without license or

privilege. It does not matter how an intruder may actually have entered; if (he/she) did so

without license or privilege, (he/she) has entered unlawfully.]

[A person may have entered a dwelling lawfully, that is, (he/she) had the right or had been given

permission, but that right is terminated or the permission withdrawn by someone who had a right

to terminate or withdraw it. You may find that the defendant “unlawfully remained” in the

dwelling under these circumstances.]

Element 2 - Intent to commit a crime

The second element is that the defendant intended to commit a crime in that dwelling. 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.>

Even if the defendant never actually committed a crime in the dwelling, if the evidence

establishes beyond a reasonable doubt that (he/she) was there with such intention, this is

sufficient to prove that the defendant unlawfully (entered / remained in) the dwelling with the

intent to commit a crime therein. Furthermore, the necessary intent to commit a crime must be

an intent to commit either a felony or a misdemeanor in addition to the unlawful entering or

remaining in the dwelling.

In this case, the state claims that the defendant intended to commit <insert crime>. <Refer to the

count in which this crime is charged or, if uncharged, give the elements of the crime.>

Element 3 - Persons present in dwelling

The third element is that when the defendant (entered / remained in) the dwelling, a person other

than a participant in the crime was actually present in the dwelling.

Element 4 - Additional factor

The fourth element is that in the course of committing the home invasion, <insert as

appropriate:>

• the defendant, acting either alone or with one or more persons, or another participant in

the crime committed or attempted to commit a felony against the person of another

person other than a participant in the crime who is actually present in such dwelling.

<Instruct on the felony or refer back to the instruction on another count charging the

felony.>

3 As a matter of law, <insert crime> is a felony.

• the defendant was armed with explosives or a deadly weapon or dangerous instrument.

This means that the defendant at some point of (entering / remaining in)

4 the building had

actual physical possession of (explosives / a deadly weapon / a dangerous instrument).

[<If explosives or a deadly weapon are alleged:> It is not necessary that the defendant

actually use or even show it, or that any participant even know that the other has it in

(his/her) possession. It does not matter how long a period of time any participant was so

armed, or how quickly (he/she) came into possession of or disposed of such arms.]

<Insert appropriate definitions:>

o “Deadly weapon” is defined by statute as any weapon, whether loaded or unloaded,

from which a shot may be discharged, or a switchblade knife, gravity knife, billy,

blackjack, bludgeon, or metal knuckles.

o “Dangerous instrument” means any instrument, article or substance which, under the

circumstances in which it is used or attempted or threatened to be used, is capable of

causing death or serious physical injury. “Serious physical injury” means physical

injury which creates a substantial risk of death, or which causes “serious

disfigurement,” serious impairment of health or serious loss or impairment of the

function of any bodily organ. It is important to note that the article need not be

inherently dangerous; all that is required is that the article was capable of causing

death or serious physical injury under the circumstances in which it was used. Any

may be found by you to be a dangerous instrument if, under the circumstances of its

use or threatened or attempted use, it is capable of producing serious physical injury

or death. The state need not prove that in fact death or serious physical injury

resulted, only that the instrument had that potential under the circumstances.

o “Explosive” is any chemical compound, mixture, or device that functions by

explosion.

Conclusion

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

entered or remained in a dwelling, 2 (he/she) intended to commit a crime in the dwelling, 3)

another person, other than a participant in the home invasion, was actually present in the

dwelling, and 4) <insert additional factor>.

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

of the crime of home invasion, 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 Public Acts, Spec. Sess., January, 2008, 08-1, § 1, which created this offense, became effective

March 1, 2008.

2 Do not instruct on both “unlawful entering” and “unlawful remaining” if the information and

the evidence could support a conceptual distinction between the two. See “enters or remains

unlawfully” in the glossary.

3 If the underlying felony is an attempt crime, the court must instruct the jury on the definition of

criminal attempt. Small v. Commissioner of Correction, 286 Conn. 707, 727 (2008). See

Attempt -- § 53a-49 (a) (1), Instruction 3.2-1 and Attempt -- § 53a-49 (a) (2), Instruction 3.2-2.

4 The person must be armed while entering the building or while in the building. It does not

include “while in immediate flight from.” State v. Belton, 190 Conn. 496, 509-510 (1983); State

v. Owens, 39 Conn. App. 45, 53 (reversed for improperly charging so), cert. denied, 235 Conn.

927 (1995). In State v. Grant, 177 Conn. 140, 146 (1979), there was evidence that a tire iron was

used to break the window to gain entry to the building, but not that it was used against the

person. “Whether a person arms himself with a dangerous instrument after entering the dwelling

or enters the dwelling already armed is irrelevant with respect to his culpability under the

statute.” State v. Rozmyslowicz, 52 Conn. App. 149, 153 (1999); State v. Brooks, 88 Conn. App.

204, 210-11, cert. denied, 273 Conn. 933 (2005).

5 Also see definition in General Statutes § 29-343.