COLJI-Crim. 9-1:41.INT

If you find the defendant not guilty of harassment, you should

disregard this instruction and fill out the verdict form reflecting your not

guilty verdict.

If, however, you find the defendant guilty of harassment, you should

sign the verdict form to indicate your finding of guilt, and answer the

following verdict question on the verdict form:

Did the defendant commit the harassment with prohibited bias?

(Answer “Yes” or “No”)

The defendant committed the harassment with prohibited bias only

if:

1. he [she] committed the harassment with the intent to intimidate

or harass another person, in whole or in part, because of that

person’s actual or perceived race, color, religion, ancestry,

national origin, physical or mental disability, sexual orientation,

or transgender identity.

The prosecution has the burden to prove the numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this this burden, you should mark “No” in the appropriate

place, and have the foreperson sign the designated line of the verdict form.