CO · jury_instructions
COLJI-Crim. 15:02.SP
EXTORTIONATE EXTENSION OF CREDIT—SPECIAL INSTRUCTION (INFERENCE THAT CREDIT IS EXTORTIONATE)
Evidence of all of the following gives rise to a permissible inference
that an extension of credit was extortionate:
1. the extension of credit was made with a loan finance charge in
excess of that established for criminal usury,
2. at the time credit was extended, the debtor reasonably believed
that one or more extensions of credit by the defendant had been
collected or attempted to be collected by extortionate means or
the nonrepayment thereof had been punished by extortionate
means, and
3. upon the making of the extension of credit, the total of the
extensions of credit by the defendant to the debtor then
outstanding, including any unpaid interest or similar charges,
exceeded one hundred dollars.
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is warranted by
the evidence as a whole. It is entirely your decision to determine what
weight shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving each element of the offense beyond a reasonable doubt, and that a
permissible inference does not shift that burden to the defendant.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
0ed2bffb8ae0f78eaf7c42f27eb3e610d423ba8a0dcd2f3622fdb7dc69ba30ff
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