COLJI-Crim. H:32

The evidence presented in this case has raised the affirmative defense

of “reporting an emergency drug or alcohol overdose event,” as a defense

to [insert name(s) of offense(s) enumerated in section 18-1-711(3)].

The defendant’s conduct was legally authorized if:

1. [the defendant] [a person] reported in good faith an emergency

drug or alcohol overdose event to a law enforcement officer, to

the 911 system, or to a medical provider, or [the defendant] [the

person] aided or sought aid for the person who suffered the

emergency drug or alcohol overdose, and

2. [the defendant] [the person] remained at the scene of the event

until a law enforcement officer or an emergency medical

responder arrived or he [she] remained at the facilities of the

medical provider until a law enforcement officer arrived, and

3. [the defendant] [the person] identified himself [herself] to, and

cooperated with, the law enforcement officer, emergency

medical responder, or medical provider, and

4. the offense for which the defendant is charged arose from the

same course of events from which the emergency drug or

alcohol overdose event arose.

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 of offense(s) enumerated in section

18-1-711(3)]. 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 of offense(s) enumerated

in section 18-1-711(3)] 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].