COLJI-Crim. 9-3:03

The elements of the crime of wiretapping (intentionally, for the

purpose of committing, aiding, or abetting an unlawful act) are:

1. That the defendant,

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

3. was not a sender or intended receiver of a telephone or

telegraph communication, and

4. intentionally,

5. overheard, read, took, copied, or recorded a telephone,

telegraph, or electronic communication for the purpose of

committing or aiding or abetting the commission of the

unlawful act of [insert language identifying the “unlawful

act[s]”].

[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 wiretapping, (intentionally, for the purpose of

committing, aiding, or abetting an unlawful act).

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 wiretapping (intentionally, for

the purpose of intentionally committing, aiding, or abetting an unlawful

act).