COLJI-Crim. H:02

The evidence presented in this case has raised the affirmative defense

of “mistaken belief of law,” as a defense to [insert name(s) of offense(s)].

The defendant’s conduct was legally authorized if:

1. the defendant engaged in the prohibited conduct under a

mistaken belief that his [her] conduct did not, as a matter of

law, constitute an offense, and

2. the conduct was permitted by: [a statute or ordinance binding

in this state] [an administrative regulation, order, or grant of

permission by a body or official authorized and empowered to

make such order or grant the permission under the laws of the

state of Colorado] [an official written interpretation of the

statute or law relating to the offense, made or issued by a

public servant, agency, or body legally charged or empowered

with the responsibility of administering, enforcing, or

interpreting a statute, ordinance, regulation, order, or law [,

which, if by judicial decision, was binding in the state of

Colorado]].

The prosecution has the burden to prove, beyond a reasonable doubt,

that the defendant’s conduct was not legally authorized by this defense. In

order to meet this burden of proof, the prosecution must disprove, beyond

a reasonable doubt, at least one of the above numbered conditions.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden of proof, then the prosecution has failed to prove

the defendant’s conduct was not legally authorized by this defense, which

is an essential element of [insert name(s) of offense(s)]. In that event, you

must return a verdict of not guilty of [that] [those] offense[s].

After considering all the evidence, if you decide the prosecution has

met this burden of proof, then the prosecution has proved the defendant’s

conduct was not legally authorized by this defense. In that event, your

verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must

depend upon your determination whether the prosecution has met its

burden of proof with respect to the remaining elements of [that] [those]

offense[s].