Conn. Crim. Jury Instr. 9.4-3

Note: Subsection (a) (1) concerns buildings and other premises, and subsection (a) (4)

concerns public land. Tailor the instruction accordingly.

The defendant is charged [in count__] with criminal trespass in the second degree. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of criminal trespass in the second degree when, knowing that

(he/she) is not licensed or privileged to do so, (he/she) (enters / remains)

1 (in a

building / on public land).

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

beyond a reasonable doubt:

Element 1 - Entered or remained

The first element is that the defendant (entered / remained) (in a building / on public land).

[<If trespass to a building is alleged:> Ordinarily, “building” implies a structure that may be

entered and used by human beings, as a residence or for business, or for other purposes involving

occupancy by people, whether or not it is actually entered and used as such. <Insert one or both

of the following parts of the definition as appropriate:>

• The law has expanded this definition to include, in addition to what we ordinarily know

as a building, any watercraft, aircraft, trailer, sleeping car, railroad car, other structure or

vehicle or any building with a valid certificate of occupancy.

• The statutory definition also provides that where a building consists of separate units,

such as, but not limited to separate apartments, offices or rented rooms, any unit not

occupied by the defendant is, in addition to being a part of such building, a separate

building. In other words, any one of these separate units, separately secured or occupied,

when intruded upon, may be considered a “building,” plus the whole building is

considered a “building” for purposes of any unlawful intrusion into any part of it.]

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

/ on public land). A person unlawfully (enters / remains) (in a building / on public land) 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 (building / land) or have some other

right to be (in the building / on the land).

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

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

within the building is sufficient to constitute an 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 the (building / public land) 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 building / on the land) under these circumstances.]

Element 2 - With knowledge

The second element is that the defendant knew that (he/she) was not licensed or privileged to do

so. 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.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (entered /

remained) (in / on) <identify the building or public land>, and 2) (he/she) knew that (he/she) was

not licensed or privileged to do so.

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

of the crime of criminal trespass 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 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 the commentary to

“enters or remains unlawfully” in the glossary.