 |
8.6-4 Inciting to Riot -- § 53a-178
Revised to December 1, 2007
The defendant is charged [in count __] with inciting to riot. The statute defining this offense reads in pertinent part as follows:
a person is guilty of inciting to riot when (he/she) advocates, urges or organizes six or more persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 -
Incitement
The first element
is that the
defendant
advocated, urged
or organized six
or more persons.
Element 2 -
Tumultuous and
violent conduct
The second element
is that the
defendant
advocated, urged
or organized the
other persons to
engage in
tumultuous and
violent conduct of
a kind likely to
cause public
alarm.
"Tumultuous and
violent conduct"
means conduct that
actually involves
physical violence
or portends
imminent physical
violence.1
"Alarm" means a
fear caused by the
sudden realization
of danger.
"Public alarm" is
when such a fear
is created in a
public area and
affects a large
number of people
in that area.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant advocated, urged or organized six or more persons, and 2) (he/she) advocated, urged or organized the other persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.
If you unanimously
find that the
state has proved
beyond a
reasonable doubt
each of the
elements of
inciting to riot,
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.
_______________________________________________________
1 In
State v.
Indrisano, 228
Conn. 795, 811-12
(1994), a case
that involved the
disorderly conduct
statute, § 53a-182
(a), the court
construed the
phrase "[e]ngages
in fighting or in
violent,
tumultuous or
threatening
behavior" to refer
to physical
action. See
Disorderly Conduct,
Instruction 8.4-8.