COLJI-Crim. 3-4:13.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 substantial

impairment? (Answer “Yes” or “No”)

The defendant caused submission through substantial impairment

only if:

1. the defendant substantially impaired the victim’s power to

appraise or control the victim’s conduct by employing,

2. without the victim’s consent,

3. any drug, intoxicant, or other means for the purpose of causing

submission.

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.