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6.1-18 Assault of a Pregnant Woman Resulting in Termination of Pregnancy -- § 53a-59c
Revised to December 1, 2007
The defendant is charged [in count __] with assault of a pregnant woman resulting in termination of pregnancy. The statute defining this offense reads in pertinent part as follows:
a person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person commits assault in the first degree and the person assaulted is pregnant and the assault results in the termination of pregnancy that does not result in a live birth.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Committed assault
in the first degree
The first element is that the
defendant committed assault in the first degree. <Insert elements from the
instruction for the underlying crime:
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§ 53a-59 (a) (1): Assault in the First Degree (Deadly Weapon or Dangerous Instrument), Instruction 6.1-1.
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§ 53a-59 (a) (2): Assault in the First Degree (Maiming), Instruction 6.1-2.
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§ 53a-59 (a) (3): Assault in the First Degree (Reckless Indifference), Instruction 6.1-3.
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§ 53a-59 (a) (4): Assault in the First Degree (Aided by Two or More Persons), Instruction 6.1-4.
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§ 53a-59 (a) (5): Assault in the First Degree (Discharge of a Firearm), Instruction 6.1-5
Element 2 - Person assaulted
was pregnant
The second element is that the person
assaulted was pregnant at the time of the assault.
Element 3 - Resulted in
termination of pregnancy
The third element is that the
assault resulted in the termination of pregnancy that did not result in a live
birth. It does not matter whether the defendant intended to cause the
termination of the pregnancy. The only intent required is the intent to <insert
intent requirement from the applicable first degree assault subsection.>
[Affirmative defense
[<If raised by the defendant:>
The defendant has raised the affirmative defense that (he/she), at the time of the incident, did not know that <insert name of complainant> was pregnant.
<Insert Affirmative Defense, Instruction 2.9-1.>]
Conclusion
In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for the underlying crime>, <insert name of complainant> was pregnant at the time, and the assault resulted in the termination of the pregnancy that did not result in a live birth.
<Insert one of the following endings:>
If the defendant has not raised the affirmative
defense
If you unanimously find that the state has proved
beyond a reasonable doubt each of the elements of the crime of assault of a
pregnant woman, 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.
If the defendant has raised the affirmative defense
If you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements of the crime of assault of a
pregnant woman, you shall then find the defendant not guilty and not consider
(his/her) affirmative defense.
If you unanimously find that the state has proved
beyond a reasonable doubt each of the elements, then you shall consider the
defendant's affirmative defense. If you unanimously find that the defendant has
proved by a preponderance of the evidence that (he/she) did not know that <insert
name of complainant> was pregnant, then you shall find the defendant not
guilty. If you unanimously find that the defendant has not proved (his/her)
defense by a preponderance of the evidence, then you shall find the defendant
guilty.