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Criminal Jury Instructions

Criminal Jury Instructions Home

6.11-6  Substitution of Children -- § 53a-99

Revised to December 1, 2007

The defendant is charged [in count __] with substitution of children.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of substitution of children when, having been temporarily entrusted with a child less than one year old and, intending to deceive a parent, guardian or other lawful custodian of such child, (he/she) substitutes, produces or returns to such parent, guardian or custodian a child other than the one entrusted.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Temporary entrustment
The first element is that the defendant had been temporarily entrusted with a child.  "To entrust" means to give something over to another, in this case, the child, for care or protection for a temporary or limited time.

Element 2 - Child under 1 year of age
The second element is that the child was less than one year old.  This means that the child had not yet had (his/her) first birthday when the conduct is alleged to have taken place.

Element 3 - Intent
The third element is that the defendant intended to deceive the child's parent, guardian or other lawful custodian by substituting, producing or returning a different child other than the one entrusted.  To "deceive" is to mislead or cause a person to believe what is not true, in this case that the substituted child is the child originally entrusted to the defendant.

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.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant had been temporarily entrusted with a child, 2) the child was under one year of age, and 3) the defendant intended  to deceive that child's parent, guardian or other lawful custodian by substituting, producing or returning a different child other than the one entrusted. 

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of substitution of a child, 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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