COLJI-Crim. 7-2:02

The elements of the crime of prostitution with knowledge of being

infected with HIV are:

1. That the defendant,

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

3. performed or offered or agreed to perform,

4. any act of sexual intercourse, fellatio, cunnilingus,

masturbation, or anal intercourse,

5. with a person who was not his [her] spouse,

6. in exchange for money or any other thing of value, and

7. the defendant had been tested for acquired immune deficiency

syndrome, and the results of such test indicated the presence of

the human immunodeficiency virus (HIV) which causes

acquired immune deficiency syndrome.

[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 prostitution with knowledge of being infected with

HIV.

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 prostitution with knowledge of

being infected with HIV.