COLJI-Crim. 4-4:05.5

The elements of the crime of theft (public benefits) are:

1. That the defendant,

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

3. knowingly,

[4. obtained, retained, or exercised control over anything of value

of another,

5. without authorization or by threat or deception, and]

[4. received, loaned money by pawn or pledge on, or disposed of,

5. anything of value or belonging to another that he [she] knew or

believed to have been stolen, and]

6. intentionally,

7. misrepresented or withheld a material fact for determining

eligibility for a public benefit,

8. for the purpose of obtaining or retaining public benefits for

which [he] [she] was not eligible.

[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 theft (public benefits).

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 theft (public benefits).