CO · jury_instructions
COLJI-Crim. 5-2:03.INT
FRAUD BY CHECK (INSUFFICIENT FUNDS)—INTERROGATORY (NONEXISTENT OR CLOSED ACCOUNT)
If you find the defendant not guilty of fraud by check (insufficient
funds), you should disregard this instruction and sign the verdict form to
indicate your not guilty verdict.
If, however, you find the defendant guilty of fraud by check
(insufficient funds), you should sign the verdict form to indicate your
finding of guilt, and answer the following verdict question:
Did the defendant use a nonexistent or closed account? (Answer
“Yes” or “No”)
The defendant used a nonexistent or closed account only if:
1. the fraudulent check was drawn on an account which did not
exist or which had been closed for a period of thirty days or
more prior to the issuance of the check[s].
The prosecution has the burden to prove the numbered condition
beyond a reasonable doubt.
After considering all the evidence, if you decide the prosecution has
met this burden, you should mark “Yes” in the appropriate place, and have
the foreperson sign the designated line of the verdict form.
After considering all the evidence, if you decide the prosecution has
failed to meet this burden, you should mark “No” in the appropriate place,
and have the foreperson sign the designated line of the verdict form.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
d194c88231427a3d728ef7944da1679ef068484a4d69fed121f6678b21b6c161
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