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5.3-2 Misconduct with a Motor Vehicle -- § 53a-57
Revised to December 1, 2007
The defendant is charged [in count ___] with misconduct with a motor vehicle. The statute defining this offense reads in pertinent part as follows:
a person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, (he/she) causes the death of another person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Operated a motor
vehicle
The first element is that the
defendant was operating a motor vehicle. A person "operates"
a motor vehicle when, while in the vehicle, (he/she) intentionally does any act
or makes use of any mechanical or electrical agency that alone or in sequence
sets in motion the motive power of the vehicle.
A person acts "intentionally"
with respect to conduct when (his/her) conscious objective is to engage in such
conduct. <See
Intent: General, Instruction 2.3-1.>
Element 2 - Proximate cause of
death
The second
element is that the defendant caused the death of <insert name of
decedent> through the operation of a motor
vehicle. This means that the defendant's operation of a motor vehicle was
the proximate cause of the decedent's death. You must find proven beyond a
reasonable doubt that <insert name of decedent> died as a result of the
defendant's operation of a motor vehicle. <See
Proximate Cause, Instruction 2.6-1.>
Element 3 - Criminal negligence
The third element is that the
defendant was criminally negligent when (he/she) caused the death, in that the
act or acts causing the death involved a substantial and unjustifiable risk that
was not perceived by the defendant. <See
Criminal Negligence, Instruction 2.3-5.>
Conclusion
In summary, the state must prove
beyond a reasonable doubt that 1) the defendant was operating a motor vehicle,
2) the defendant's operation of the motor vehicle was the proximate cause of the
death of <insert name of decedent>, and 3) the defendant acted with
criminal negligence.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of misconduct with a motor vehicle, 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.
Commentary
The elements of the crime are identified in State v. Carter, 64 Conn. App. 631, 637, cert. denied, 258 Conn. 914 (2001); see also State v. Jones, 92 Conn. App. 1 (2005) (evidence that defendant was racing with another vehicle sufficient to support proximate cause); State v. Ortiz, 29 Conn. App. 825, 835 (1993) (intoxication is not an element, but may be relevant to a finding of criminal negligence).
Lesser included offenses
Negligent homicide with a motor
vehicle in violation of General Statutes § 14-222a is a lesser included offense
of criminal misconduct with a motor vehicle. State v. Pickles, 28 Conn.
App. 283, 289 (1992).