COLJI-Crim. H:48

The evidence presented in this case has raised the affirmative defense

of “safe surrender of a newborn,” as a defense to child abuse.

The defendant’s conduct was legally authorized if:

1. he [she] was the child’s parent, and

2. the child was seventy-two hours old or younger at the time of

the alleged offense, and

3. he [she] safely, reasonably, and knowingly handed the child

over to a [firefighter, when the firefighter was at a fire station.]

[staff member engaged in the admission, care, or treatment of

patients at a hospital or community clinic emergency center,

when the staff member was at a hospital or community clinic

emergency center.]

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 child abuse. In that event, you must return a

verdict of not guilty of child abuse.

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 child abuse must depend upon your

determination whether the prosecution has met its burden of proof with

respect to the remaining elements of that offense.