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Criminal Jury Instructions

Criminal Jury Instructions Home

8.2-19  Brandishing Facsimile Firearm in the Presence of an Officer -- § 53-206c (d)

Revised to December 1, 2007

The defendant is charged [in count __] with brandishing a facsimile firearm in the presence of (a peace officer / a firefighter / an emergency medical technician / a paramedic).  The statute defining this offense reads in pertinent part as follows: 

no person shall (draw / exhibit / brandish) a facsimile of a firearm or simulate a firearm in the presence of a (peace officer / firefighter / emergency medical technician / paramedic) engaged in the performance of (his/her) duties knowing or having reason to know that such (peace officer / firefighter / emergency medical technician / paramedic) is engaged in the performance of (his/her) duties, with intent to impede such person in the performance of (his/her) duties.

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

Element 1 - Drew, exhibited or brandished a facsimile firearm
The first element is that the defendant (drew / exhibited / brandished) a (facsimile / simulated) firearm.  "Brandish" means to "to wave, shake, or exhibit in a menacing, challenging, or exultant way; to flourish."

Element 2 - Facsimile that could pass as a real firearm
The second element is that the facsimile was such that it could reasonably be perceived as a real firearm.  "Firearm" is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be discharged.1

A "facsimile of a firearm" is (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm.  Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.

Element 3 - In the presence of an officer
The third element is that the defendant did so in the presence of a (peace officer / firefighter / emergency medical technician / paramedic), who the defendant knew or had reason to know was engaged in the performance of (his/her) duties.  A person acts "knowingly" with respect to conduct or to a circumstance when (he/she) is aware that (his/her) conduct is of such nature or that such circumstance exists.  <See Knowledge, Instruction 2.3-3.>

Element 4 - Intent
The fourth element is that the defendant specifically intended to impede the (peace officer / firefighter / emergency medical technician / paramedic) from performing (his/her) duties.  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.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (carried / drew / exhibited / brandished) a facsimile firearm, 2) the facsimile could reasonably be perceived as a real firearm, 3) (he/she) did so in the presence of a (peace officer / firefighter / emergency medical technician / paramedic) engaged in the performance of (his/her) duties, and 4) the defendant specifically intended to impede the (peace officer / firefighter / emergency medical technician / paramedic) from performing (his/her) duties.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of carrying or brandishing a facsimile firearm, 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.
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1 See definitions for machine gun, rifle, shotgun, pistol or revolver in the glossary.
 


 

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