COLJI-Crim. 7-1:07

+ The elements of the crime of disclosing a private intimate image or

intimate digital depiction for pecuniary gain are:

1. That the defendant,

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

3. was eighteen years of age or older, and

[4. with the intent,

5. to obtain a pecuniary benefit from a person as a result of the

disclosure, threatened disclosure, or retraction of a private

intimate image or intimate digital depiction,]

[4. knew or reasonably should have known,

5. that a depicted individual had a reasonable expectation that a

private intimate image or intimate digital depiction would

remain private, and that disclosure would cause financial harm

to the depicted individual, and]

6. disclosed or threatened to disclose through electronic media or

a website,

7. the private intimate image or intimate digital depiction without

the depicted individual’s consent.

[8. 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 disclosing a private intimate image or intimate

digital depiction for pecuniary gain.

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 disclosing a private intimate

image or intimate digital depiction for pecuniary gain.