COLJI-Crim. G1:01

A crime is committed when the defendant has committed a voluntary

act prohibited by law, together with a culpable state of mind.

“Voluntary act” means an act performed consciously as a result of

effort or determination [, and includes the possession of property if the

actor was aware of his [her] physical possession or control thereof for a

sufficient period to have been able to terminate it].

Proof of the voluntary act alone is insufficient to prove that the

defendant had the required state of mind.

The culpable state of mind is as much an element of the crime as the

act itself and must be proven beyond a reasonable doubt, either by direct or

circumstantial evidence.

In this case, the applicable state[s] of mind is [are] explained below:

[The term “after deliberation” means not only intentionally, but also

that the decision to commit the act has been made after the exercise of

reflection and judgment concerning the act. An act committed after

deliberation is never one which has been committed in a hasty or

impulsive manner.]

[A person acts “intentionally” or “with intent” when his [her]

conscious objective is to cause the specific result proscribed by the

statute defining the offense. It is immaterial whether or not the result

actually occurred.]

[A person acts “knowingly” or “willfully” with respect to conduct or

to a circumstance described by a statute defining an offense when he

[she] is aware that his [her] conduct is of such nature or that such a

circumstance exists. A person acts “knowingly” or “willfully”, with

respect to a result of his [her] conduct, when he [she] is aware that his

[her] conduct is practically certain to cause the result.]

[A person acts “recklessly” when he [she] consciously disregards a

substantial and unjustifiable risk that a result will occur or that a

circumstance exists.]

[A person acts “with criminal negligence” when, through a gross

deviation from the standard of care that a reasonable person would

exercise, he [she] fails to perceive a substantial and unjustifiable risk

that a result will occur or that a circumstance exists.]