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Criminal Jury Instructions

Criminal Jury Instructions Home

8.5-5  Falsely Reporting an Incident in the Second Degree -- § 53a-180c

Revised to December 1, 2007

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

a person is guilty of falsely reporting an incident in the second degree when, knowing the information reported, conveyed or circulated to be false or baseless, such person gratuitously reports to a law enforcement officer or agency <insert appropriate subsection:>

  • § 53a-180c (a) (1):  the alleged occurrence of an offense or incident which did not in fact occur.

  • § 53a-180c (a) (2):  an allegedly impending occurrence of an offense or incident which in fact is not about to occur.

  • § 53a-180c (a) (3):  false information relating to an actual offense or incident or to the alleged implication of some person therein.

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

Element 1 - Report to officer or agency
The first element is that the defendant gratuitously reported, conveyed or circulated information to a law enforcement officer or agency.  "Gratuitously" means freely and unnecessarily volunteered.  A "law enforcement agency or officer" means any federal, state or local organized police department or any member thereof.

Element 2 - Substance of report
The second element is that the report concerned <insert as appropriate:>

  • § 53a-180c (a) (1):  the alleged occurrence of an offense or incident which did not in fact occur. 

  • § 53a-180c (a) (2):  an allegedly impending occurrence of an offense or incident which in fact is not about to occur.

  • § 53a-180c (a) (3):  false information relating to an actual offense or incident or to the alleged implication of any person therein.

An "offense" means a crime.  An "incident" means any event, something which has or may happen; it is not necessarily a crime.  <Insert specific allegations.>

Element 3 - Knowledge
The third element is that the defendant knew such information was false or baseless.  "False" means not true.  "Baseless" means groundless, without any foundation in fact.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant gratuitously reported, conveyed or circulated information to a law enforcement officer or agency, 2) the report contained false information, and 3) the defendant knew such information was false or baseless.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of falsely reporting an incident 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.
 


 

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