COLJI-Crim. 3-2:15

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

confined in a detention facility; bodily fluids or hazardous material) are:

1. That the defendant,

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

3. while lawfully confined in a detention facility within this state,

4. with the intent,

5. to infect, injure, or harm,

6. a person in a detention facility whom the defendant knew, or

reasonably should have known, to be an employee of a

detention facility,

7. caused such employee to come into contact with blood, seminal

fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or

hazardous material,

8. by any means, including, but not limited to, throwing, tossing,

or expelling such fluid or material.

[9. 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 (while confined in a

detention facility; bodily fluids or hazardous material).

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

(while confined in a detention facility; bodily fluids or hazardous material).