6.71 Stalking in the First Degree  § 53a181c
Revised to December 1, 2007
The defendant is charged [in count __] with stalking in the first degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of stalking in the first degree when (he/she) commits stalking in the second degree and <insert appropriate subsection:>
§ 53a181c (a) (1): (he/she) has previously been convicted of stalking in the second degree.
§ 53a181c (a) (2): such conduct violates a court order in effect at the time of the offense.
§ 53a181c (a) (3): the other person is under sixteen years of age.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Elements 1  Committed stalking
in the second degree
The first element is that the
defendant committed stalking in the second degree. <Insert the elements from
Stalking in the Second Degree, Instruction 6.72.>
Element 2  Additional factor
The second element is that <insert
as appropriate:>

the defendant has previously been convicted of stalking in the second degree.

such conduct violated a court order in effect at the time of the offense. It is not enough that the defendant simply violated a court order, but instead the same conduct that violated a court order must also be proved to constitute stalking in the second degree.

<insert name of complainant> is under sixteen years of age.
Conclusion
In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for stalking in the second degree>, and that <insert the additional factor>.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
stalking in the first degree, 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.