CO · jury_instructions
COLJI-Crim. H:36
CRIMINALITY OF CONDUCT—MISTAKE AS TO AGE
The evidence presented in this case has raised the affirmative defense
of “mistake as to age,” as a defense to [insert name(s) of offense(s)].
The defendant’s conduct was legally authorized if:
1. the defendant reasonably believed [insert name of the alleged
victim] was eighteen years of age or older, and
2. [insert name of the alleged victim] was in fact at least fifteen
years of age.
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].
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
3c7ace4da13d5f0d9f55229a83ec379c7667e558d07bba3ebbad47b057476335
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