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8.6-1 Riot in the First Degree -- § 53a-175
Revised to December 1, 2007
The defendant is charged [in count __] with riot in the first degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of riot in the first degree when simultaneously with six or more other persons (he/she) engages in tumultuous and violent conduct and thereby (intentionally / recklessly) (causes / creates a grave risk of causing) public alarm, and in the course of and as a result of such conduct, (a person other than one of the participants suffers physical injury / substantial property damage occurs).
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element
1 -
Tumultuous
and
violent
conduct
The
first
element
is
that
the
defendant
engaged
in
tumultuous
and
violent
conduct1 that
involved
physical
violence
or
portended
imminent
physical
violence.
"Imminent"
means
impending
or
likely
to
occur
immediately.
Element
2 -
Six or
more
other
persons
The
second
element
is
that
(he/she)
did so
simultaneously
with
six or
more
other
persons.
Element
3 -
Intent
The
third
element
is
that
the
defendant
-
acted with the intent to (cause / create a grave risk of causing) public alarm. 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.>
-
recklessly (caused / created a grave risk of causing) public alarm. A person acts "recklessly" with respect to a result or circumstances when (he/she) is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstances exist. <See Recklessness, Instruction 2.3-4.>
"Alarm" means a fear caused by the sudden realization of danger. "Public alarm" is when such a fear is created in a public area and affects a large number of people in that area.
Element
4 -
Injury
/
property
damage
The
fourth
element
is
that
in the
course
of and
as a
result
of
such
conduct,
(a
person
other
than
one of
the
participants
suffered
physical
injury
/
substantial
property
damage
occurred).
<Insert
appropriate
definition:>
-
"Physical injury" means impairment of physical condition or pain.
-
"Substantial" means that the property damage caused must be something more than trivial or inconsequential as we consider such estimates in our ordinary experiences in life.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) that the defendant engaged in tumultuous and violent conduct, 2) (he/she) did so simultaneously with six or more other persons, 3) (he/she) (intentionally / recklessly) (caused / created a grave risk of causing) public alarm, and 4) (a person other than one of the participants suffered physical injury / substantial property damage occurred).
If you
unanimously
find
that
the
state
has
proved
beyond
a
reasonable
doubt
each
of the
elements
of
riot
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.
______________________________________________________
1 In
State
v.
Indrisano,
228
Conn.
795,
811-12
(1994),
a case
that
involved
the
disorderly
conduct
statute,
§
53a-182
(a),
the
court
construed
the
phrase
"[e]ngages
in
fighting
or in
violent,
tumultuous
or
threatening
behavior"
to
refer
to
physical
action.
See
Disorderly
Conduct,
Instruction
8.4-8.