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Criminal Jury Instructions

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7.8-1 Failure to Comply with Sex Offender Registration Requirements -- 54-251 (e), 54-252 (d), 54-253 (e), and 54-254 (b)

Revised November 6, 2014

The defendant is charged [in count __] with failure to comply with sex offender registration requirements. The law requires that persons who are convicted or found not guilty by reason of mental disease or defect of certain sex offenses and who are released into the community must register (his/her) name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the commissioner of emergency services and public protection. (He/She) must notify the commissioner without undue delay of any change in (his/her) status whenever the person <insert as appropriate:>

  • changes (his/her) name,
  • changes (his/her) residence1 address,
  • changes or establishes (his/her) electronic mail address, instant message address or other similar Internet communication identifier,
  • is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state,
  • is employed in another state,
  • carries on a vocation in another state,
  • is a student in another state,

In addition, (he/she) must notify the commissioner of public safety of the change in (his/her) status. In addition, (he/she) must complete and return forms mailed to (him/her) to verify (his/her) address and must submit to the retaking of a photographic image upon the request of the commissioner.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Convicted of certain crime
The first element is that the defendant was convicted of <insert crime>.  The state alleges that the defendant was convicted of <insert crime> on <insert date>.

Element 2 - Required to register
The second element is that the defendant was required to register with the department of emergency services and public protection as a sex offender, I instruct you that  as a matter of law, a person convicted of <insert crime> and released into the community is required to register as a sex offender.

Element 3 - Released into the community
The third element is that the defendant was released into the community. The state alleges that the defendant was released on <insert date>.

Element 4 - Failed to comply with registration requirements
The fourth element is that after being released to the community the defendant failed to comply with the registration requirements. The state alleges that the defendant failed to <insert specific allegations>.

[<If the violation is failing to report a change in circumstances:>  The defendant claims that (he/she) satisfied the timing requirements in that the occurred on <date> and he reported to the registry on <date>. A registrant must report a change within 5 business days of the change.  Business days are those days when the registry is open.]2

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) was convicted of <insert crime>, 2) was required to register as a sex offender, 3) was released into the community, and 4) did not comply with the registration requirements.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of failure to register as a sex offender comply with sex offender registration requirements, 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 "Residence" means where a person lives for some time, but does not mean a temporary stay.  For a thorough discussion of the meaning of "residence," including travelling and homelessness, see State v. Drupals, 306 Conn. 149, 161-65 (2012); see also State v. Winer, 112 Conn. App. 458, 465, cert. denied, 292 Conn. 903 (2009) (homelessness does not relieve a defendant of the duty to register).

2 A registrant is expected to report a change of circumstances on the next business day, but criminal penalties do not apply unless the registrant fails to notify the registry within five business days of the obligation to do so.  "The use of the phrase 'undue delay' indicates that the legislature 'intended to make alloweance for the vagaries of individual conditions."  State v. Drupals, 306 Conn. 149, 166-71 (2012) 

Commentary

Failure to register as a sex offender is a strict liability crime. State v. T.R.D., 286 Conn. 191, 223-24 (2008). 


 

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