COLJI-Crim. 9-3:01

The elements of the crime of misusing a wiretapping or

eavesdropping device are:

1. That the defendant,

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

[3. manufactured, bought, sold, or knowingly had in his [her]

possession an instrument, device, contrivance, machine, or

apparatus designed or commonly used for the crime of

wiretapping or eavesdropping,

4. with the intent,

5. to unlawfully use or employ or allow the same to be so used or

employed.]

[3. knowingly,

4. aided, authorized, agreed with, employed, permitted, or

conspired with any other person to unlawfully manufacture,

buy, sell, or have in the person’s possession,

5. an instrument, device, contrivance, machine, or apparatus

designed or commonly used for wiretapping or

eavesdropping.]

[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 misusing a wiretapping or eavesdropping device.

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 misusing a wiretapping or

eavesdropping device.