COLJI-Crim. 4-5:32

The elements of criminal use of a noxious substance are:

1. That the defendant,

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

3. with the intent,

4. to interfere with another’s use or enjoyment of land, a building,

or a vehicle,

5. deposited on the land, or in the building or vehicle of another,

6. without the other person’s consent,

7. any stink bomb or device, irritant, or offensive-smelling

substance.

[8. 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 criminal use of a noxious substance.

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 criminal use of a noxious

substance.