8.9-7 Noncompliance with Venereal Disease or HIV Exam -- § 54-102a (c)

Revised to June 13, 2008

The defendant is charged [in count __] with refusal to comply with a court order to submit to a test to determine whether (he/she) is suffering from (venereal disease / Acquired Immune Deficiency Syndrome (AIDS) / Human Immunodeficiency Virus (HIV)). The statute defining this offense reads in pertinent part as follows:

any person who fails to comply with any order of any court under the provisions of this section 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 ordered
The first element is that the defendant was ordered by a court to submit to an examination for (venereal disease / AIDS / HIV).

Element 2 - Failed to comply
The second element is that the defendant failed to comply with the order.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was ordered by a court to submit to an examination for (venereal disease / AIDS / HIV), and 2) (he/she) failed to comply with the order

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of noncompliance with a court order requiring an examination for (venereal disease / AIDS / HIV), 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.

Commentary

This offense is predicated on a court order which can be issued when a case is pending involving certain offenses. A venereal disease examination may be ordered when a defendant has been charged with any violation of General Statutes §§ 53a-65 through 53a-89. An AIDS/HIV test may be ordered when a defendant has been charged with a violation of General Statutes §§ 53-21 or 53a-65 through 53a-89 that involved a sexual act, as defined by § 54-102b. Tailor the instruction to the specific court order.