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Criminal Jury Instructions

Criminal Jury Instructions Home

6.4-5 Robbery in the Second Degree (in a Bank or Credit Union) -- 53a-135 (a) (2)

New, May 23, 2013

The defendant is charged [in count __] with robbery in the second degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of robbery in the second degree when in the course of committing a larceny while on the premises of a [bank / Connecticut credit union / federal credit union], intimidates an employee of the [bank / Connecticut credit union / federal credit union] by intentionally engaging in conduct that causes another person to reasonably fear for his or her physical safety or the physical safety of another for the purpose of <insert appropriate subsection:>
  • 53a- 134 (a) (2) (A): preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking of the property.
  • 53a- 134 (a) (2) (B): compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Committed larceny
The first element is that the defendant committed larceny. <Insert the elements from Larceny, Instruction 9.1-1.>

Element 2 - On premises of bank or credit union
The second element is that the larceny occurred on the premises of a bank or credit union.

<Insert appropriate definition:>
  • "Bank" means a Connecticut bank or a federal bank.1
  • "Connecticut credit union" means a cooperative, nonprofit financial institution that (A) is organized under the Connecticut Credit Union Act and the membership of which is limited as provided by that act, (B) operates for the benefit and general welfare of its members with the earnings, benefits or services offered being distributed to or retained for its members, and (C) is governed by a volunteer board of directors elected by and from its membership.2
  • "Federal credit union" means any institution chartered or organized as a federal credit union pursuant to the laws of the United States having its principal office in this state.3
Element 3 - Intimidated an employee
The third element is that the defendant intimidated an employee of the (bank / credit union) by intentionally engaging in conduct that causes another person to reasonably fear for his or her physical safety or the physical safety of another for the purpose of:
  • 53-135 (a) (2) (A): preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking of the property.
  • 53-135 (a) (2) (B): compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant committed larceny, 2) the larceny was committed on the premises of a bank or credit union, and 3) the defendant intimidated an employee of the (bank / credit union).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of robbery 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.



1 General Statutes 36a-2 (4).
2 General Statutes 36a-2 (13).
3 General Statutes 36a-2 (30).

Commentary

This offense was added by P.A. No. 11-186, 1, effective January 1, 2012.

 

 


 

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