CO · jury_instructions
COLJI-Crim. H:45.5
UNLAWFUL TERMINATION OF A PREGNANCY (DEFENDANT’S OWN PREGNANCY)
The evidence presented in this case has raised the affirmative defense
of “defendant’s own pregnancy,” as a defense to unlawful termination of a
pregnancy.
The defendant’s conduct was legally authorized if:
1. she committed the elements of the offense of unlawful
termination of a pregnancy with regard to her own pregnancy.
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, the above numbered condition.
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 unlawful termination of a pregnancy. In that
event, you must return a verdict of not guilty of unlawful termination of a
pregnancy.
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 concerning the charge of unlawful termination of a pregnancy must
depend upon your determination whether the prosecution has met its
burden of proof with respect to the remaining elements of that offense.
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
4ee30f99c9fc9a9b927f08deaee0a36696f2fb075b6ba3273e9c95ce0edc9d6f
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