COLJI-Crim. 4-4:23

The elements of the crime of motor vehicle theft in the second degree

(property damage) are:

1. That the defendant,

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

3. knowingly,

4. obtained, exercised control over, received, or retained the

motor vehicle of another person, and

5. [he] [she] knew or should reasonably have known that the act

was without authorization or was by threat or deception, and

6. [he] [she] or a participant caused one thousand dollars or more

of property damage, including property damage to the motor

vehicle involved, in the course of obtaining control over, in the

exercise of control of, in the course of receiving, or in the course

of retaining, the motor vehicle.

[7. 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 motor vehicle theft in the second degree (property

damage).

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 motor vehicle theft in the

second degree (property damage).