COLJI-Crim. 4-2:01

The elements of the crime of first degree burglary are:

1. That the defendant,

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

3. knowingly,

4. entered unlawfully, or remained unlawfully after a lawful or

unlawful entry,

5. in a building or occupied structure,

6. with intent,

7. to commit therein the crime[s] of [insert name(s) of offense(s)],

against another person or property, and

8. in effecting entry or while in the building or occupied structure

or in immediate flight from the building or occupied structure,

[9. the defendant or another participant in the crime committed the

crime of assault or the crime of menacing against any person.]

[9. the defendant or another participant in the crime was armed

with explosives.]

[9. the defendant or another participant in the crime used a deadly

weapon or possessed and threatened the use of a deadly

weapon.]

[10. 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 first degree burglary.

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 first degree burglary.