COLJI-Crim. 8-6:17

The elements of the crime of retaliation against a prosecutor (credible

threat) are:

1. That the defendant,

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

3. knowingly,

4. as retaliation or retribution against a prosecutor,

5. made a credible threat,

6. [directly to the prosecutor] [to a person other than the

prosecutor whom the defendant intended to relay the

communication to the prosecutor] [to a person who was

required by statute or ethical rule to report the communication

to the prosecutor or to the court], and

7. the threat was directed against [an elected district attorney] [a

prosecutor who had served or was serving in a legal matter

assigned to the prosecutor involving the defendant or a person

on whose behalf the defendant was acting] [a member of the

prosecutor’s family, a person in close relationship to the

prosecutor, or a person residing in the same household with the

prosecutor].

[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 retaliation against a prosecutor (credible threat).

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 retaliation against a prosecutor

(credible threat).