COLJI-Crim. 18:45.INT

If you find the defendant not guilty of [insert name(s) of felony

offense(s) from Article 18, Part 4], you should disregard this instruction

and fill out the verdict form reflecting your not guilty verdict.

If, however, you find the defendant guilty of [insert name(s) of felony

offense(s) from Article 18, Part 4], you should sign the verdict form to

indicate your finding of guilt, and answer the following verdict question

on the verdict form:

Did the offense involve a criminal enterprise? (Answer

“Yes” or “No”)

The offense involved a criminal enterprise only if:

1. the defendant engaged in a continuing criminal enterprise by

committing [insert name of felony offense from Article 18, Part

4], and

2. the [repeat name of offense] was part of a continuing series, in

which, on separate occasions, two or more of the following

offenses were committed: [insert name(s) of felony offense(s)

from Article 18, Part 4], and

3. the continuing series of offenses was undertaken by the

defendant in concert with five or more other persons with

respect to whom the defendant occupied a position of

organizer, supervisor, or any other position of management,

and

4. the defendant obtained substantial income or resources from

the continuing series of offenses.

The prosecution has the burden to prove each numbered condition

beyond a reasonable doubt.

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

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

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

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.