COLJI-Crim. 8-7:08.4

The elements of the crime of aggravated retaliation against a witness

or victim (intent to wound) are:

1. That the defendant,

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

3. used a threat, an act constituting the crime of harassment, or an

act of harm or injury upon any person or property,

4. directed to, or committed upon, a witness in any criminal or

civil proceeding, a victim of any crime, an individual whom the

defendant believed had been or would be called to testify as a

witness in any criminal or civil proceeding or a victim of any

crime, a member of the witness’s family, a member of the

victim’s family, an individual in close relationship to the

witness or victim, or an individual residing in the same

household with the witness or victim,

5. as retaliation or retribution against the witness or victim, and

6. during the act of retaliation,

7. [he] [she] was armed with a deadly weapon,

8. with the intent, if resisted,

9. to kill, maim, or wound the person being retaliated against or

any other person.

[10. 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 aggravated retaliation against a witness or victim

(intent to wound).

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 aggravated retaliation against a

witness or victim (intent to wound).