COLJI-Crim. H:10

The evidence presented in this case has raised the affirmative defense

of “physical force pursuant to a special relationship,” as a defense to [insert

name(s) of offense(s)].

The defendant was legally authorized to use physical force upon

another person if:

[1. he [she] was [a parent, guardian, or other person entrusted with

the care and supervision of a minor or an incompetent person]

[a teacher or other person entrusted with the care and

supervision of a minor], and

2. he [she] used reasonable and appropriate physical force upon

the [minor] [incompetent person], when and to the extent it was

reasonably necessary and appropriate, to maintain discipline or

promote the welfare of the minor [incompetent person].]

[1. he [she] was a superintendent [or other authorized official] of a

[jail] [prison] [correctional institution], and

2. he [she] used objectively reasonable and appropriate physical

force, when and to the extent that he [she] reasonably believed

it was necessary to maintain order and discipline. [, and]

[3. he [she] used deadly physical force when he [she] objectively

reasonably believed that the inmate posed an immediate threat

to himself [herself] or another person.]]

[1. he [she] was a person responsible for the maintenance of order

in a common carrier of passengers, [or was acting under the

direction of a person with that responsibility,] and

2. he [she] used reasonable and appropriate physical force, when

and to the extent that it was necessary, to maintain order and

discipline. [, and]

[3. the use of deadly physical force was reasonably necessary to

prevent death or serious bodily injury.]]

[1. he [she] was a person acting under a reasonable belief that

another person was about to [commit suicide] [inflict serious

bodily injury upon himself [herself]], and

2. he [she] used reasonable and appropriate physical force upon

that person to the extent that it was reasonably necessary to

thwart the result.]]

[1. he [she] was a duly licensed [physician] [advanced practice

nurse] [person acting under the direction of a duly licensed

[physician] [advanced practice nurse]], and

2. he [she] used reasonable and appropriate physical force for the

purpose of administering a recognized form of treatment that

he [she] reasonably believed to be adapted to promoting the

physical or mental health of the patient, and

3. [the treatment was administered with the consent of the

patient.] [the patient was a minor or an incompetent person,

and the treatment was administered with the consent of his

[her] parent, guardian, or other person entrusted with his [her]

care and supervision.] [the treatment was administered in an

emergency when the physician or advanced practice nurse

reasonably believed that no one competent to consent could be

consulted and that a reasonable person, wishing to safeguard

the welfare of the patient, would consent.]]

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].