COLJI-Crim. 3.5:07.INT

If you find the defendant not guilty of unlawful termination of

pregnancy in the fourth degree, you should disregard this instruction and

fill out the verdict form reflecting your not guilty verdict.

If, however, you find the defendant guilty of unlawful termination of

pregnancy in the fourth degree, you should sign the verdict form to

indicate your finding of guilt, and answer the following verdict question:

Was the pregnancy of a non-participant unlawfully terminated?

(Answer “Yes” or “No”)

The pregnancy of a non-participant was unlawfully terminated only

if:

1. the pregnancy of [insert name of woman] was unlawfully

terminated,

2. during the commission or attempted commission of or flight

from the commission or attempted commission of [insert

name(s) of qualifying offense(s) enumerated in section 18-3.5-

106(2)(b)], and

3. [insert name of woman] was not a participant in [insert name(s)

of qualifying offense(s)], and

4. the defendant was a principal in the criminal act or attempted

criminal act.

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 mark “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 mark “No” in the appropriate place,

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