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4.6-4 Inciting to Riot at a Correctional Institution -- § 53a-179c
Revised to December 1, 2007
The defendant is charged [in count ___] with inciting to riot at a correctional institution. The statute defining this offense reads in pertinent part as follows:
a person is guilty of inciting to riot at a correctional institution when (he/she) (incites / instigates / organizes / connives at / causes / aids / abets / takes part in) any meeting of inmates of a correctional institution, the purpose of which is to foment (unrest / disorder / disturbance / strike / riot / organized disobedience to the rules and regulations of the institution).
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Meeting of inmates
The first element is that the
defendant (incited / instigated / organized / connived at / caused / aided /
abetted / took part in) a meeting of inmates at <insert name of facility>.
The words "incites, instigates, organizes, connives at, causes, aids, abets, or
takes part" have their ordinary meaning. There is no requirement that any
particular number of persons take part in such meeting.1
Element 2 - Incitement
The second element is that the purpose
of such meeting was to foment (unrest / disorder / disturbance / strike / riot /
organized disobedience to the rules and regulations of the institution). The
words "disorder, disturbance, strike, riot, and organized disobedience to the
rules and regulations" have their ordinary meaning. It does not matter whether
the defendant intended to commit a crime when (he/she) so acted. Such act,
however, must be done willfully, that is, not accidentally or inadvertently.
The statute does not require that the defendant specifically intended to cause the (disturbance / unrest / disorder / strike / riot / organized disobedience to the rules and regulations of the institution).2 The state must prove, however, that the defendant knew that the purpose of the meeting was to foment (unrest / disorder / disturbance / strike / riot / organized disobedience to the rules and regulations of the institution). <See Knowledge, Instruction 2.3-3.>
Element 3 - At a correctional
institution
The third element is that <insert
name of facility> is a correctional institution. A "correctional
institution" is any correctional facility administered by the commissioner
of correction.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (incited / instigated / organized / connived at / caused / aided / abetted / took part in) a meeting, 2) the purpose of the meeting was to <insert specific allegations>, and 3) the meeting took place at a correctional institution,
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
inciting riot at a correctional institution, 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 State v. Nixon, 32 Conn. App. 224, 246 (1993), aff'd on other grounds, 231 Conn. 545 (1995).
2 See State v. Nixon, supra, 32
Conn. App. 249-50 (inciting to riot at a correctional institution is a general
intent crime). "From a policy standpoint, the court [in State v. Pascucci,
164 Conn. 69, 73 (1972),] reasoned that '[t]he dangers which the statute seeks
to obviate could arise from acts which, although in no way intended to produce
danger, readily could give rise to disorder, disturbance, strike or riot.'" Id.