 |
4.2-2 False Statement in the Second Degree -- § 53a-157b
Revised to December 1, 2007 (modified August 1, 2008)
The defendant is charged [in count ___] with false statement in the second degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of false statement in the second degree when (he/she) intentionally makes a false written statement under oath or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable, which (he/she) does not believe to be true and which statement is intended to mislead a public servant in the performance of (his/her) official function.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Statement
The first element is that the
defendant made a written statement (under oath / pursuant to a form bearing
notice). <Insert the applicable definitions:>
-
A written statement is made under oath when the person making the statement makes a solemn declaration, before a person authorized by law to administer oaths, that the assertions contained in the written statement are true.
-
A "form bearing notice" is a form that states on its face that any false statements made on the form are punishable and that such notice was authorized by law.
Element 2 - Intentionally made
The second element is that the
defendant intentionally made the written statement. 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.>
Element 3 - Known to be untrue
The third element is that the
defendant did not, at the time that (he/she) made the statement, believe the
statement to be true.
Element 4 - Intent to mislead
The fourth element is that the
statement was specifically intended to mislead a public servant in the
performance of (his/her) official function. A "public
servant" is an officer or employee of the government or a quasi-public
agency, elected or appointed,
and any person participating as adviser, consultant or otherwise, paid or
unpaid, in performing a governmental function. It is immaterial whether the
public servant was in fact misled. It is sufficient if it is established that
the statement was intended to mislead the public servant in the performance of
(his/her) official function.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant made a written statement (under oath / pursuant to a form bearing notice), 2) the defendant made the statement intentionally, 3) the defendant knew the statement was not true, and 4) the defendant made the false statement with the specific intent to mislead a public servant in the performance of (his/her) official function.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of false statement in the second 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.
Commentary
See State v. Brazzell, 38
Conn. Sup. 695, 697-98 (App. Sess. 1983).