CO · jury_instructions
COLJI-Crim. 8-8:01.5
FAILURE TO INTERVENE
The elements of the crime of failure to intervene are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. was a peace officer who was on-duty, and
4. did not intervene to prevent or stop another peace officer
[including a peace officer who was the handler of a law
enforcement animal] from using physical force, and
5. such force exceeded the degree of force permitted, if any, by
law, 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. 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 intervene.
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 intervene.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
032844e24189240601d586e6fd0f427301fe9f68050a13d162fd1314b0924472
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