COLJI-Crim. 5-8:01

The elements of the crime of equity skimming of real property are:

1. That the defendant,

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

3. knowingly,

4. acquired an interest in real property that was encumbered by a

loan secured by a mortgage or deed of trust, and

5. the loan was [in arrears at the time the defendant acquired the

interest] [placed in default within eighteen months after the

defendant acquired the interest], and

6. [failed to apply all rent derived from the person’s interest in the

real property first toward the satisfaction of all outstanding

payments due on the loan and second toward any fees due to

any association of real property owners that charges such fees

for the upkeep of the housing facility, or common area

including buildings and grounds thereof, of which the real

property was a part before appropriating the remainder of such

rent or any part thereof for any other purpose except for the

purpose of repairs necessary to prevent waste of the real

property]

[after a foreclosure in which title had vested, collected rent on

behalf of any person other than the owner of the real property].

[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 equity skimming of real property.

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 equity skimming of real

property.