COLJI-Crim. 3-2:13

The elements of the crime of assault in the second degree (lawfully

confined or in custody) are:

1. That the defendant,

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

3. knowingly and violently,

4. while lawfully confined or in custody,

5. applied physical force against the person of a peace officer,

firefighter, or emergency medical service provider engaged in

the performance of his [her] duties, or a judge or an officer of a

court of competent jurisdiction,

6. and the defendant knew, or reasonably should have known,

that the victim was a peace officer, firefighter, or emergency

medical service provider engaged in the performance of his

[her] duties, or a judge or an officer of a court of competent

jurisdiction.

[7. 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 assault in the second degree (lawfully confined or

in custody).

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 assault in the second degree

(lawfully confined or in custody).