COLJI-Crim. 8-4:03

The elements of the crime of misuse of official information (aid,

advise, or encourage) 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. with intent,

6. to confer on any person a special pecuniary benefit,

7. [aided, advised, or encouraged another to acquire a pecuniary

interest in any property, transaction, or enterprise which might

be affected by such information or official action] [aided,

advised, or encouraged another to speculate or wager on the

basis of such information or official action].

[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 misuse of official information (aid, advise, or

encourage).

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

(aid, advise, or encourage).