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8.7-1 Act of Terrorism -- § 53a-300
Revised to December 1, 2007 (modified June 13, 2008)
The defendant is charged [in count __] with an act of terrorism. The statute defining this offense reads in pertinent part as follows:
a person is guilty of an act of terrorism when such person, with intent to intimidate or coerce the civilian population or a unit of government, commits a felony involving the unlawful use or threatened use of physical force or violence.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Felony
The first element is
that the defendant
committed a felony
involving the unlawful
use or threatened use
of physical force or
violence. The state
alleges that the
defendant committed
the crime of <insert
name of felony>,
which is a felony.
Proof of this element will depend on your deliberations on count __. If, under that count, you find that the defendant committed <insert name of felony>, then this element of this count will be proved.1
It must also be proved that this felony involved the unlawful use or threatened use of physical force or violence. "Unlawful" means without legal authority. “Physical force” and “violence” are common, readily understandable terms. To commit an act by physical force or violence means to wrongfully use physical force against the property or person of another. Either can be applied to any person or object by any means. Actual harm or damage need not result. These terms are general and unlimited in regards to the means by which either can be applied or inflicted. As applied here the use of physical force or violence may be actual or threatened.
You must be satisfied beyond a reasonable doubt that the felony committed by the defendant involved the unlawful use or threatened use of physical force or violence.
Element 2 - Intent
The second element is
that the defendant, in
committing this
felony, acted with the
specific intent to
intimidate or coerce
the civilian
population or a unit
of government. 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 committed a felony involving the unlawful use or threatened use of physical force or violence, and 2) (he/she) did so with the specific intent to intimidate or coerce the civilian population or a unit of government.
If you unanimously
find that the state
has proved beyond a
reasonable doubt each
of the elements of an
act of terrorism, 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 If the felony has not been charged in a separate count, the court will have to instruct on the elements in conjunction with this offense.
Commentary
Sentence Enhancer
Subsection (b)
provides that "the
court shall, in lieu
of imposing the
sentence authorized
for the
crime under section
53a-35a, impose the
sentence of
imprisonment
authorized by said
section for the next
more serious degree
of felony." Public
Acts, Spec. Sess.,
January, 2008, No.
08-1, § 11, deleted
the portion that
limited the enhanced
sentence to when
"the court is of the
opinion that such
person's history and
character and the
nature and
circumstances of
such person's
criminal conduct
indicate that an
increased penalty
will best serve the
public interest."