COLJI-Crim. 6-8:01.5.INT

+ You should answer the following verdict question on the verdict

form:

Does the defendant have three prior domestic violence convictions?

(Answer “Yes” or “No”)

The defendant has three prior domestic violence convictions only if:

1. the defendant has previously been convicted of [at least three

of] the following offenses: [insert each prior conviction as

alleged in the complaint, including the case number and date],

and

2. the convictions each included an act of domestic violence as

defined below, and

3. the convictions were separately brought and tried, and

4. the convictions arose out of separate criminal episodes.

You are further instructed that a prior conviction included an act of

domestic violence only if:

1. you determine, as a matter of fact, that it included,

[2. an act or threatened act of violence,

3. upon a person with whom the actor was or had been involved

in an intimate relationship.]

[2. any other crime or municipal ordinance violation,

3. against a person, or against property, including an animal,

4. when used as a method of coercion, control, punishment,

intimidation, or revenge,

5. directed against a person with whom the actor was or had been

involved in an intimate relationship.]

The prosecution has the burden to prove each 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.