Conn. Crim. Jury Instr. 9.4-4

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

defining this offense reads in pertinent part as follows:

a person is guilty of criminal trespass in the third degree when, knowing that (he/she)

is not licensed or privileged to do so, (he/she) <insert appropriate subsection:>

• § 53a-109 (a) (1): (enters / remains in) premises which are

o posted in a manner prescribed by law or reasonably likely to come to the attention of

intruders.

o fenced or otherwise enclosed in a manner designed to exclude intruders.

o belong to the state and are appurtenant to any state institution.

• § 53a-109 (a) (2): (enters / remains in) any premises for the purpose of hunting, trapping

or fishing.

• § 53a-109 (a) (3): (enters / remains on) public land which is

o posted in a manner prescribed by law or reasonably likely to come to the attention of

intruders.

o fenced or otherwise enclosed in a manner designed to exclude intruders.

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 <insert as appropriate:>

• § 53a-109 (a) (1): (entered / remained in) premises which are

o posted in a manner prescribed by law or reasonably likely to come to the attention of

intruders.

o fenced or otherwise enclosed in a manner designed to exclude intruders.

o belong to the state and are appurtenant to any state institution.

• § 53a-109 (a) (2): (entered / remained in) any premises for the purpose of hunting,

trapping or fishing.

• § 53a-109 (a) (3): (entered / remained on) public land which is

o posted in a manner prescribed by law or reasonably likely to come to the attention of

intruders.

o fenced or otherwise enclosed in a manner designed to exclude intruders.

You must also determine whether the defendant unlawfully (entered / remained on) the (premises

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

right to be on the (premises / public land).

[A person may have entered the (premises / 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” on the (premises / 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 on) <identify the premises 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 third 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.