CO · jury_instructions
COLJI-Crim. 3-2:16.7
ASSAULT IN THE SECOND DEGREE (RESTRICT BREATHING)
The elements of the crime of assault in the second degree (restrict
breathing) are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. with the intent,
4. to cause bodily injury,
5. applied sufficient pressure to impede or restrict the breathing
or circulation of the blood of another person,
6. by applying such pressure to the neck or by blocking the nose
or mouth of the other person, and
7. thereby caused bodily injury.
[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 (restrict breathing).
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
(restrict breathing).
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
17289785cdbd8feeb5304d3fdfc2ce74e4f95db4b403aae01cb491380dfc4b4b
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