COLJI-Crim. 9-3:10

The elements of the crime of eavesdropping (use or disclosure) 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. used for any purpose, disclosed, or attempted to use or disclose

to any other person the contents of such conversation or

discussion,

6. while knowing or having reason to know the information was

obtained by eavesdropping.

[7. 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 (use or disclosure).

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 (use or

disclosure).