CO · jury_instructions
COLJI-Crim. 5-2:04.SP
FRAUD BY CHECK (INSUFFICIENT FUNDS)—SPECIAL INSTRUCTION (KNOWLEDGE)
Except in the case of a postdated check or order, the following
evidence gives rise to a permissible inference that the issuer had
knowledge of his [her] insufficient funds:
He [she] had no account upon which the check or order was drawn
with the bank or other drawee at the time he [she] issued the check or
order; or he [she] had insufficient funds upon deposit with the bank or
other drawee to pay the check or order, on presentation within thirty days
after issue.
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is justified by the
evidence as a whole. It is entirely your decision to determine what weight
shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving each element of the offense beyond a reasonable doubt, and that a
permissible inference does not shift that burden to the defendant.
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
bfb3f198759642c5b90a2a368689e5d9106f1f273f22b0aa0b2c71bf3e98cd49
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