COLJI-Crim. 42:30

The elements of the crime of improper use of event data (release) are:

1. That the defendant,

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

3. released event data from an event data recorder, and

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

consented to the release of the data within the last thirty days.]

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

civil procedure in a claim arising out of a motor vehicle

accident.]

[4. the data was not released 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

appreciable damage of property or injury to a person.]

[4. the data was not released to a motor vehicle safety and medical

research entity in order to advance motor vehicle safety,

security, or traffic management.]

[4. the data was not released to a data processor solely for the

purposes permitted by law.]

[4. the identity of the owner or driver was disclosed.]

[5. 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 (release).

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

(release).