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Criminal Jury Instructions

Criminal Jury Instructions Home

4.3-4  Assault of a Prosecutor -- § 53a-167d

Revised to December 1, 2007

The defendant is charged [in count __] with assault of a prosecutor.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of assault of a prosecutor when such person, with intent to intimidate or harass, or to retaliate against, another person on account of the performance by such other person of such other person's duties as a prosecutor employed by the Division of Criminal Justice, causes physical injury to such other person.

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

Element 1 - Physical injury
The first element is that the defendant caused physical injury to another person.  "Physical injury" means impairment of physical condition or pain. 

Element 2 - Prosecutor
The second element is that the person injured was at some time a prosecutor employed by the Division of Criminal Justice. 

Element 3 - Intent
The third element is that the defendant had the intent to (intimidate or harass / retaliate against) the person because of that person's conduct in the performance of the duties as a prosecutor.1  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 caused physical injury to <insert name of person injured>, 2) <insert name of person injured> was at some time employed as a prosecutor, and 3) the defendant intended to (intimidate or harass / retaliate against) <insert name of person injured> because of (his/her) performance of the duties of a prosecutor.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of assault of a prosecutor, 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 The duties of prosecutorial officials are listed in General Statutes § 51-286a.
 


 

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