COLJI-Crim. 14:04

The elements of the crime of unlawful notice at a hotel facility

(incomplete or inadequate form of advertisement) are:

1. That the defendant,

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

3. was an owner, agent, lessee, or manager of a hotel facility, and

4. published or caused to be published,

5. an advertisement which included in dollars and cents a

statement relating to rates charged at a hotel facility, and

6. such advertisement did not include in letters or figures of

similar size and prominence: the number of apartments or

rooms in said hotel facility at the published rates; whether the

rates quoted were for single or multiple occupancy where such

fact affected the rates charged; the dates during which such

rates were in effect; and an indication as to whether there were

other rates in effect in said hotel facility, and

7. the advertisement was not an advertisement or listing in a

guide or directory which was published by a nonprofit hotel,

motel, motor court, or apartment organization or similar

association.

[8. 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 notice at a hotel facility (incomplete or

inadequate form of advertisement).

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 notice at a hotel

facility (incomplete or inadequate form of advertisement).