COLJI-Crim. 3-4:34.INT

If you find the defendant not guilty of sexual assault on a child, 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 on a

child, you should sign the verdict form to indicate your finding of guilt,

and answer the following verdict question on the verdict form:

Did the defendant threaten harm in order to accomplish or facilitate

the sexual contact? (Answer “Yes” or “No”)

The defendant threatened harm in order to accomplish or facilitate

the sexual contact only if:

1. in order to accomplish or facilitate sexual contact,

2. the defendant threatened imminent death, serious bodily

injury, extreme pain, or the crime of kidnapping against the

victim or another person, and

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

execute the threat.

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.