COLJI-Crim. 9-3:08

The elements of the crime of eavesdropping (knowingly overhearing

or recording) are:

1. That the defendant,

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

3. was not visibly present during a conversation or discussion,

and

4. knowingly,

5. overheard or recorded such conversation or discussion without

the consent of at least one of the principal parties thereto, or

attempted to do so.

[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 eavesdropping (knowingly overhearing or

recording).

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 eavesdropping (knowingly

overhearing or recording).