COLJI-Crim. 7-1:06.5.INT

If you find the defendant not guilty of disclosing a private intimate

image or intimate digital depiction for harassment, you should disregard

this instruction and sign the verdict form to indicate your not guilty

verdict.

If, however, you find the defendant guilty of disclosing a private

intimate image or intimate digital depiction for harassment, you should

sign the verdict form to indicate your finding of guilt, and answer the

following verdict question on the verdict form:

Were there aggravating circumstances? (Answer “Yes” or “No”)

There were aggravating circumstances only if:

1. the defendant disclosed the private intimate image or intimate

digital depiction, and

2. the disclosure posed an imminent and serious threat to the

depicted individual’s safety or the safety of the depicted

individual’s immediate family, and

3. the defendant knew or reasonably should have known of the

imminent and serious threat.

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.