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Criminal Jury Instructions

Criminal Jury Instructions Home

4.1-4  Bribe Receiving by a Labor Official -- § 53a-159

Revised to December 1, 2007

The defendant is charged [in count ___] with bribe receiving by a labor official.  The statute defining this offense reads in pertinent part as follows: 

a labor official is guilty of bribe receiving by a labor official if (he/she) (solicits / accepts / agrees to accept) any benefit from another person upon an agreement or understanding that such benefit will influence (him/her) in respect to any of (his/her) acts, decisions or duties as such labor official.

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

Element 1 - Labor official
The first element is that the defendant was a labor official within the meaning of that term, on the dates alleged.  "Labor official" means any duly appointed or elected representative of a labor organization or any duly appointed or elected trustee or representative of an employee welfare trust fund. 

Element 2 - Benefit sought
The second element is that the defendant (solicited / accepted / agreed to accept) a benefit of <insert benefit> from <insert alleged provider of bribe>.  "Benefit" means monetary advantage or anything regarded by the beneficiary as monetary advantage, including a benefit to any person or entity in whose welfare the beneficiary is interested. 

Element 3 - Intent to influence
The third element is that the defendant (solicited / accepted / agreed to accept) that benefit upon the understanding that such benefit would influence (him/her) in respect to any of (his/her) acts, decisions or duties as a labor official.

You must find that the state has proved beyond a reasonable doubt that the defendant (solicited / accepted / agreed to accept) the benefit with the specific intent that the receipt of the benefit would influence (his/her) acts, decisions or 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 was a labor official on the dates alleged, 2) the defendant (solicited / accepted / agreed to accept) a benefit of <insert benefit> from <insert alleged provider of bribe>, and 3) the defendant (solicited / accepted / agreed to accept) that benefit upon the understanding that such benefit would influence (him/her) in respect to any of (his/her) acts, decisions or duties as a labor official.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of bribe receiving by a labor official, 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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