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Criminal Jury Instructions

Criminal Jury Instructions Home

10.9-2  Unlawfully Using Slugs in the Second Degree -- § 53a-145 (a) (1)

Revised to December 1, 2007

The defendant is charged [in count __] with unlawfully using slugs in the second degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of unlawfully using slugs in the second degree when, with intent to defraud the owner of a coin machine, (he/she) inserts or deposits a slug in such machine.

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

Element 1 - Inserted or deposited slugs
The first element is that the defendant inserted or deposited a slug in a coin machine.  "Coin machine" means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed to receive a coin or a bill or a token made for the purpose and, in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.  A "slug" means an object or article that, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token. 

Element 2 - Intent
The second element is that the defendant intended to defraud the owner of the coin machine.  <See Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant inserted or deposited a slug in a coin machine, and 2) (he/she) had the intent to defraud the owner of the coin machine.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of unlawfully using slugs 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.
 


 

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