COLJI-Crim. 9-3:27

The elements of the crime of telecommunications crime (theft of

service by fraudulent means) are:

1. That the defendant,

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

3. knowingly,

4. obtained any telecommunications service,

5. by charging such service to or causing such service to be

charged to an existing telephone number, access device, or

credit card number without the authority of the person to

whom issued or of the subscriber thereto or of the lawful

holder thereof or to a nonexistent, counterfeit, expired,

revoked, or cancelled credit card number, or by any method of

code calling, or by installing, rearranging, or tampering with

any equipment, physically or electronically, or by the use of

any other fraudulent means, method, trick, or device or

scheme.

[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 telecommunications crime (theft of service by

fraudulent means).

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 telecommunications crime

(theft of service by fraudulent means).