COLJI-Crim. 3-4:56.4

The elements of unlawful sexual conduct by a peace officer (active

investigation) are:

1. That the defendant,

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

3. knowingly,

4. was a peace officer, and

5. engaged in sexual contact, sexual intrusion, or sexual

penetration, and

6. the defendant knew that the victim was, or caused the victim to

believe that he or she was, the subject of an active investigation,

and

7. the defendant used that knowledge to further the sexual

contact, intrusion, or penetration.

[8. 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 unlawful sexual conduct by a peace officer (active

investigation).

After considering all 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 unlawful sexual conduct by a

peace officer (active investigation).