CO · jury_instructions
COLJI-Crim. H:51
COMPOUNDING—RESTITUTION OR INDEMNIFICATION
The evidence presented in this case has raised the affirmative defense
of “restitution or indemnification,” as a defense to compounding.
The defendant’s conduct was legally authorized if:
1. the benefit received by the defendant did not exceed an amount
which he [she] reasonably believed to be due as restitution or
indemnification for harm caused by the crime.
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 compounding. In that event, you must return a
verdict of not guilty of compounding.
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 compounding 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
ff92fc91da0e63ff690a22408e34b8b89a9288109e42a5493db8b9acb8e9bdb7
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