COLJI-Crim. 8-8:06

The elements of the crime of failure to intervene in use of ketamine

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. did not intervene to prevent or stop another peace officer from

using or directing the use of ketamine in pursuance of the other

peace officer’s law enforcement duties, and

[5. such duties involved effecting an arrest, detention, restraint,

transport, or punishment.]

[5. such duties involved preventing an escape from custody.]

[5. such duties involved facilitating ease and convenience in law

enforcement encounters.]

[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 in use of ketamine.

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 in use of

ketamine.