COLJI-Crim. 3-4:07

The elements of the crime of sexual assault (in custody or detained)

are:

1. That the defendant,

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

3. knowingly,

4. inflicted sexual intrusion or sexual penetration on a person, and

5. the person was in custody of law or detained in a hospital or

other institution, and

6. the defendant had supervisory or disciplinary authority over

the person, and

7. used that position of authority to coerce the person to submit,

and

8. the act was not incident to a lawful search.

[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 sexual assault (in custody or detained).

After considering all of 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 sexual assault (in

custody or detained).