COLJI-Crim. 10.5:01

The elements of the crime of unlawful offering of a simulated

gambling device are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. offered, facilitated, contracted for, or otherwise made available

to or for members of the public or members of an organization

or club,

4. any simulated gambling device, where

5. the defendant received, directly or indirectly,

6. a payment or transfer of consideration in connection with an

entrant’s use of the simulated gambling device, admission to

premises on which the simulated gambling device was located,

or the purchase of any product or service associated with access

to or use of the simulated gambling device,

7. regardless of whether consideration in connection with such

use, admission, or purchase was monetary or nonmonetary and

regardless of whether it was paid or transferred before the

simulated gambling device was used by an entrant, and

8. as a consequence of, in connection with, or after the play of the

simulated gambling device, an award of a prize was expressly

or implicitly made to a person using the device.

[9. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

After considering all the evidence, if you decide the prosecution has

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of unlawful offering of a simulated gambling device.

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements beyond a reasonable doubt,

you should find the defendant not guilty of unlawful offering of a

simulated gambling device.