COLJI-Crim. 3-4:11.INT

If you find the defendant not guilty of sexual assault, you should

disregard this instruction and sign the verdict form to indicate your not

guilty verdict.

If, however, you find the defendant guilty of sexual assault, you

should sign the verdict form to indicate your guilty verdict and then

answer the following verdict question on the verdict form:

Did the defendant cause submission through threat of harm?

(Answer “Yes” or “No”)

The defendant caused submission through threat of harm only if:

1. the defendant caused submission of the victim by threat of

imminent death, serious bodily injury, extreme pain, or the

crime of kidnapping, to be inflicted on anyone, and

2. the victim believed that the defendant had the present ability to

execute the threats.

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 indicate “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 indicate “No” in the appropriate

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