6.8-2 Criminal Violation of a Standing Criminal Protective Order -- § 53a-223a
Revised to May 20, 2011 (modified November 6, 2014)
The defendant is charged [in count __] with criminal violation of a standing criminal protective order. The statute defining this offense reads in pertinent part as follows:
a person is guilty of criminal violation of a standing criminal protective order when an order1 has been issued against such person, and such person violates such order.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 -
Standing criminal protective order
The first element is that a court issued a standing criminal protective order against the defendant. <Review evidence of order.>
Element 2 -
The second element is that the defendant violated a condition of the order. To violate a condition means to act in disregard of or to go against the condition. <Insert specific condition that the defendant is charged with violating.> A person acts "intentionally" with respect to conduct when (his/her) conscious objective is to engage in such conduct. <See Intent: General, Instruction 2.3-1.>
In summary, the state must prove beyond a reasonable doubt that 1) a court issued a standing criminal protective order against the defendant, and 2) the defendant violated a condition of that order.
If you unanimously
find that the state has proved beyond a reasonable doubt each of the
elements of the crime of criminal violation of a standing criminal
protective order, 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
1 Issued pursuant to General Statutes § 53a-40e.
The validity of the underlying order is not an element of the offense. State v. Wright, 273 Conn. 418, 432 (2005); State v. Manns, 91 Conn. App. 827, 834, cert. denied, 276 Conn. 927 (2005).
Effective January 1, 2015, the statute provides for an enhanced sentence if the violation of this offense involves either imposing any restraint upon the person or liberty of a person in violation of the standing criminal protective order or threatening, harassing, assaulting, molesting, sexually assaulting or attacking a person in violation of the standing criminal protective order. The jury must find this fact proved beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4 and the definition of serious physical injury