COLJI-Crim. 8-8:01

The elements of the crime of failure to report excessive force are:

1. That the defendant,

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

3. was a peace officer, and

4. in pursuance of his [her] law enforcement duties,

5. witnessed another peace officer, [including a peace officer who

was the handler of a law enforcement animal,] in pursuance of

the other peace officer’s law enforcement duties in carrying out

an arrest of any person, placing any person under detention,

taking any person into custody, booking any person, or in the

process of crowd control or riot control,

6. use physical force [or allow the peace officer’s law enforcement

animal to use physical force] which exceeded the degree of

physical force permitted, and

7. the defendant did not, within ten days of the occurrence of the

use of such force, submit a written report, to his [her]

immediate supervisor [or to the handler’s immediate

supervisor], that included the date, time, and place of the

occurrence, the identity (if known) and description of the

participants, and a description of the events and the force used.

[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 failure to report excessive force.

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 failure to report excessive

force.