COLJI-Crim. 9-3:05

The elements of the crime of wiretapping (tapping or intercepting

device) 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. knowingly,

5. tapped or made a connection with any telephone or telegraph

line, wire, cable, or instrument belonging to another or with

any electronic, mechanical, or other device belonging to another

or installed any device whether connected or not which permits

the interception of messages.

[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 (tapping or intercepting 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 wiretapping (tapping or

intercepting device).