COLJI-Crim. H:09

The evidence presented in this case has raised the affirmative defense

of “choice of evils,” as a defense to [insert name(s) of offense(s)].

The defendant’s conduct was legally authorized if:

1. it was necessary as an emergency measure to avoid an

imminent public or private injury, which was about to occur

because of a situation occasioned or developed through no

conduct of the defendant, and

2. the injury was of sufficient gravity that, according to ordinary

standards of intelligence and morality, the desirability and

urgency of avoiding the injury clearly outweighed the

desirability of avoiding the injury sought to be prevented by

the statute defining [insert name(s) of offense(s)].

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].