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Criminal Jury Instructions

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4.5-2  Bribe Receiving by a Witness -- § 53a-150

Revised to December 1, 2007

The defendant is charged [in count ___] with bribe receiving by a witness.  The statute defining this offense reads in pertinent part as follows: 

a witness is guilty of bribe receiving by a witness if (he/she) (solicits / accepts / agrees to accept) any benefit from another person upon an agreement or understanding that such benefit will influence (his/her) testimony or conduct in, or in relation to, any official proceeding.

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

Element 1 - Witness in an official proceeding
The first element is that the defendant was a witness in an official proceeding.  A "witness" is any person summoned, or who may be summoned, to give testimony in an official proceeding.  An "official proceeding" is any proceeding held or that may be held before any legislative, judicial, administrative or other agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner or notary or other person taking evidence in connection with any proceeding.   In this case, the state alleges that the defendant was to be a witness in <insert type of proceeding>. 

Element 2 - Sought benefit
The second element is that the defendant (solicited / accepted / agreed to accept) any benefit from <insert name of third party>.  "Benefit" means monetary advantage, or anything regarded by the beneficiary as a monetary advantage, including benefit to any person or entity in whose welfare the beneficiary is interested.  It is not necessary for the defendant to actually receive the benefit; mere solicitation or agreement to accept such benefit for the purpose of influencing (his/her) testimony is sufficient.  In this case the state alleges that the benefit was <insert alleged benefit>. 

Element 3 - Intent to influence
The third element is that the defendant (solicited / accepted / agreed to accept) <insert alleged benefit> upon an agreement or understanding and with the specific intent that such benefit would influence (his/her) testimony or conduct in relation to the official proceeding.  The defendant and <insert name of third party> must have both understood that the defendant's testimony would be influenced by (his/her) acceptance of the <insert alleged benefit>. 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was a witness in an official proceeding, 2) the defendant sought <insert alleged benefit> from <insert name of third party>, and 3) the defendant and <insert name of third party> intended that the benefit would influence the defendant's testimony or conduct.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of bribe receiving by a witness, 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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