COLJI-Crim. 9-3:33

The elements of the crime of misuse of an automated dialing system

are:

1. That the defendant,

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

3. utilized an automated dialing system with a prerecorded

message,

4. for the purpose of soliciting another person to purchase goods

or services, whether such solicitation occurred or was intended

to occur during the prerecorded message or during some

further communication initiated by or resulting from the

prerecorded message, and

5. there was no existing business relationship between such

persons, or, if there was an existing business relationship, the

person being called did not then consent to hear the

prerecorded message.

[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 misuse of an automated dialing system.

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 misuse of an automated dialing

system.