Criminal Jury Instructions Home

10.1-5  Criminal Simulation -- § 53a-141 (a) (2)

Revised to December 1, 2007

The defendant is charged [in count __] with criminal simulation.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of criminal simulation when with knowledge of its true character and with intent to defraud, (he/she) issues or possesses an object that has been made or altered in such manner that it appears to have an antiquity, rarity, source or authorship that it does not in fact possess.

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

Element 1 - Issued or possessed a falsified object
The first element is that the defendant issued or possessed an object that had been made or altered in such manner that it appeared to have an antiquity, rarity, source or authorship that it did not in fact possess.  Simulation is the assumption of a false appearance.  Criminal simulation is a feigned or fictitious transaction to effect a fraud.  <Insert as appropriate:>

• "Issuing" means signing, endorsing, circulating, distributing, publishing or the like. 

• "Possession" means either actual possession or constructive possession.  Actual possession means actual physical possession, such as having the object on one's person.  Constructive possession means having the object in a place under one's dominion and control.  <See Possession, Instruction 2.11-1.>

Element 2 - Knowledge
The second element is that the defendant knew the true character of the object.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Element 3 - Intent to defraud
The third element is that the defendant specifically intended to defraud another person.  <See Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (issued / possessed) <insert type of object and describe how it had been falsified>, 2) (he/she) knew the true character of the object, and 3) (he/she) intended to (deceive / defraud / injure) another person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of criminal simulation, 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.