COLJI-Crim. 42:29

The elements of the crime of improper use of event data (retrieve)

are:

1. That the defendant,

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

3. retrieved event data that had been recorded on a motor

vehicle’s event data recorder, and

4. was not the owner of the motor vehicle, and

[5. the owner of the motor vehicle or the owner’s agent had not

consented to the retrieval of the data within the last thirty

days.]

[5. the defendant was not a motor vehicle dealer or an automotive

technician retrieving the data to diagnose, service, or repair the

motor vehicle at the request of the owner or the owner’s agent.]

[5. the data was not subject to discovery pursuant to the rules of

civil procedure in a claim arising out of a motor vehicle

accident.]

[5. a court or administrative agency with jurisdiction had not

ordered the data to be retrieved.]

[5. the event data recorder was not installed after the manufacturer

or motor vehicle dealer sold the motor vehicle.]

[5. the defendant was not a peace officer who retrieved the data

pursuant to a court order as part of an investigation of a

suspected violation of a law that had caused, or contributed to

the cause of, an accident resulting in damage of property or

injury to a person.]

[6. 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 improper use of event data (retrieve).

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 improper use of event data

(retrieve).