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8.2-29 Criminal Possession of Body Armor -- § 53a-217d
Revised to December 1, 2007
The defendant is charged [in count __] with criminal possession of body armor. The statute defining this offense reads in pertinent part as follows:
a person is guilty of criminal possession of body armor when (he/she) possesses body armor and has been convicted of <insert crime alleged>.1
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Possessed body
armor
The first element is that the
defendant possessed body armor. "Body
armor" means any material designed to be worn on the body and to provide
bullet penetration resistance.
“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.
Possession also requires that the defendant knew that (he/she) was in possession of the firearm. That is, that (he/she) was aware that (he/she) was in possession of it and was aware of its nature. The state must prove beyond a reasonable doubt that the defendant knew that (he/she) was in possession of the firearm. <See Knowledge, Instruction 2.3-3.>
<If some form of constructive possession is alleged, see Possession, Instruction 2.11-1.>2
Element 2 - Prior conviction
The second element is that the
defendant has previously been convicted of <insert crime alleged>.
"Convicted" means "having a judgment of conviction entered by a court of competent jurisdiction." This conviction must have occurred prior to the date it is alleged the defendant possessed the body armor.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant possessed body armor, and 2) (he/she) has previously been convicted of <insert crime alleged>.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the criminal
possession of body armor, 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 Statute includes the following: (1) convicted of a capital felony, a class A felony, except a conviction under section 53a-196a, a class B felony, except a conviction under section 53a-86, 53a-122 or 53a-196b, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153 or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136, 53a-216, or (2) convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120.
2
Ascertain from counsel what form of possession is alleged. The definition
should be narrowly tailored to the allegations.