COLJI-Crim. 3-2:18.INT

If you find the defendant not guilty of assault in the second degree [,

or if you find the defendant guilty of assault in the second degree but find

that he [she] committed the assault under a provoked and sudden heat of

passion], you should disregard this instruction and sign the verdict form to

indicate your verdict.

If, however, you find the defendant guilty of assault in the second

degree [, and you also find that the defendant did not act upon a provoked

and sudden heat of passion], you should sign the verdict form to indicate

your guilty verdict and answer the following verdict question on the

verdict form:

Did a non-participant suffer serious bodily injury? (Answer

“Yes” or “No”)

A non-participant suffered serious bodily injury only if:

1. [Insert name of victim] suffered serious bodily injury,

2. during the commission or attempted commission or flight from

the commission or attempted commission of [insert name of

qualifying felony offense(s) from section 18-3-203(2)(b.5)], and

3. he [she] was not a participant in the crime.

The prosecution has the burden to prove each numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.