COLJI-Crim. 3-2:16.5

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

fluids or hazardous material; emergency responders engaged in duties)

are:

1. That the defendant,

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

3. with intent,

4. to infect, injure, or harm another person,

5. whom the defendant knew or reasonably should have known

to be engaged in the performance of his or her duties as a peace

officer, a firefighter, an emergency medical care provider, or an

emergency medical service provider,

6. caused such person to come into contact with blood, seminal

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

hazardous material,

7. by any means, including by throwing, tossing, or expelling

such fluid or material.

[8. 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 (bodily fluids or

hazardous material; emergency responders engaged in duties).

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

(bodily fluids or hazardous material; emergency responders engaged in

duties).