COLJI-Crim. 3-2:14

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

confined or in custody; charged, convicted, or adjudicated) 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 as a result of being

charged with or convicted of a crime or as a result of being

charged as a delinquent child or adjudicated as a delinquent

child,

5. applied physical force against a person engaged in the

performance of his [her] duties while employed by or under

contract with a detention facility, or while employed by the

division in the department of human services responsible for

youth services as a youth services counselor or in the youth

services worker classification series, and

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

victim was a person engaged in the performance of his [her]

duties while employed by or under contract with a detention

facility, or employed by the division in the department of

human services responsible for youth services.

[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; charged, convicted, or adjudicated).

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; charged, convicted, or adjudicated).