COLJI-Crim. 3-4:71

The elements of the crime of unlawful electronic sexual

communication (expose or touch) are:

1. That the defendant,

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

3. knowingly,

4. importuned, invited, or enticed,

5. through communication via a computer network or system,

telephone network, or data network or by a text message or

instant message,

6. a person whom the defendant knew or believed to be fifteen

years of age or older but less than eighteen years of age and at

least four years younger than the defendant, and

7. the defendant was in a position of trust with respect to that

person,

8. to expose or touch the person’s own or another person’s

intimate parts while communicating with the defendant via a

computer network or system, telephone network, or data

network or by a text message or instant message.

[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 unlawful electronic sexual communication (expose

or touch).

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 electronic sexual

communication (expose or touch).