COLJI-Crim. H:53

The evidence presented in this case has raised the affirmative defense

of “retraction,” as a defense to perjury in the first degree.

The defendant’s conduct was legally authorized if:

1. he [she] retracted his [her] false statement, and

2. he [she] did so during the same proceeding in which the false

statement was made. [, or at a separate hearing at a separate

stage of the same trial or administrative proceeding.]

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 perjury in the first degree. In that event, you

must return a verdict of not guilty of perjury in the first degree.

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 perjury in the first degree must depend

upon your determination whether the prosecution has met its burden of

proof with respect to the remaining elements of that offense.