COLJI-Crim. 8-4:02

The elements of the crime of misuse of official information (speculate

or wager) are:

1. That the defendant,

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

3. was a public servant, and

4. in contemplation of official action by himself [herself] or by a

governmental unit with which he [she] was associated or in

reliance on information to which he [she] had access in his [her]

official capacity and which had not been made public,

5. speculated or wagered on the basis of such information or

official action.

[6. 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 misuse of official information (speculate or wager).

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 misuse of official information

(speculate or wager).