COLJI-Crim. 5-5:05

The elements of the crime of failure to pay over proceeds are:

1. That the defendant,

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

3. gave a security interest in personal property, and

4. retained possession of that property, and

5. according to the terms creating such security interest, was

required to account to the secured creditor for the proceeds of

any sale or disposition of the encumbered property, and

6. willfully and wrongfully failed to pay to the secured creditor

the amounts due from the sale or disposition.

[7. 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 failure to pay over proceeds.

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 failure to pay over proceeds.