COLJI-Crim. 5-3:08

The elements of the crime of noncompliance with a lien waiver for a

construction loan are:

1. That the defendant,

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

3. knowingly,

4. signed a lien waiver for a construction loan [that contained a

statement, by the defendant, providing in substance that all

debts owed to any third party by the defendant, and relating to

the goods or services covered by the waiver of lien rights, had

been paid or would be timely paid], and

5. failed to timely pay any debt resulting from a construction

agreement covered by the waiver.

[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 noncompliance with a lien waiver for a

construction loan.

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 noncompliance with a lien

waiver for a construction loan.