8.9-6  Noncompliance with DNA Sampling -- § 54-102g (i)

Revised May 10, 2012

The defendant is charged [in count __] with refusal to submit a sample for DNA testing.  The statute defining this offense reads in pertinent part as follows:

any any person who (refuses to submit to the taking of a blood or other biological sample / wilfully fails to appear at the time and place specified for the taking of a blood or other biological sample) shall be guilty.

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

Element 1 - Test required
The first element is that the defendant was required to submit to the taking of a blood or other biological sample for DNA analysis. A person is required to submit to such a test after being convicted of certain crimes, including <insert appropriate crime>. The defendant is alleged to have been convicted of <insert crime>. To be "convicted" of a crime means that a finding of guilty has been entered against a defendant in a criminal or motor vehicle case.¹

Element 2 - Refused to submit
The second element is that the defendant

• refused to submit to the test.
• wilfully failed to appear at the time and place specified for the test. An act is done wilfully if done knowingly, intentionally, and deliberately.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was required to submit to the taking of a blood or other biological sample for DNA analysis, and 2) (he/she) (refused to submit to the test / wilfully failed to appear for the test).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of noncompliance with DNA sampling, 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 state must prove that the defendant qualifies for the appropriate status, but not the underlying applicable predicate.  The court should inquire whether the parties are willing to stipulate that the defendant had been convicted of the relevant offense. The statute also applies to defendants who have been found not guilty by reason of mental disease or defect of certain crimes. Tailor this element accordingly.

Commentary

The statute requires DNA testing of defendants convicted of certain crimes and criminalizes the refusal to submit to such a test.  Tailor the instruction to the particular status of the defendant.