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CO · jury_instructions

COLJI-Crim. 3-1:08.5.SP

MURDER IN THE SECOND DEGREE, SUDDEN HEAT OF PASSION—SPECIAL INSTRUCTION (GENDER IDENTITY OR EXPRESSION OR SEXUAL ORIENTATION)

activein force · 2026-02-25 – presentcompiled-edition

If you find the defendant not guilty of second-degree murder, you

should disregard this instruction and sign the verdict form to indicate your

not guilty verdict.

If, however, you find the defendant guilty of second-degree murder,

you have been separately instructed to determine whether the defendant

was acting upon a provoked and sudden heat of passion. You are hereby

instructed that the defendant’s act did not constitute an act performed

upon a sudden heat of passion if it resulted solely from the discovery of,

knowledge about, or potential disclosure of the victim’s actual or perceived

gender, gender identity, gender expression, or sexual orientation, including

but not limited to under circumstances in which the victim made an

unwanted nonforcible romantic or sexual advance toward 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
14a63ebefe791c9a3782dbcbeb14c349f64a78daa2ec732ee7e26dca31096c96
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