COLJI-Crim. 8-4:05

The elements of the crime of official oppression (deny counsel) are:

1. That the defendant,

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

3. was a public servant who had legal authority and jurisdiction

of any person legally restrained of his [her] liberty, and

4. while acting or purporting to act in an official capacity or

taking advantage of such actual or purported capacity,

5. with actual knowledge,

6. that his [her] conduct was illegal,

7. denied the person restrained the reasonable opportunity to

consult in private with a licensed attorney-at-law, after the

person had expressed a desire to consult with such attorney,

8. when there was no danger of imminent escape.

[9. 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 official oppression (deny counsel).

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 official oppression (deny

counsel).