CO · jury_instructions
COLJI-Crim. H:56
LOITERING—LAWFUL ASSEMBLY
The evidence presented in this case has raised the affirmative defense
of “lawful assembly,” as a defense to loitering.
The defendant’s conduct was legally authorized if:
1. he [she] was exercising his [her] right to lawful assembly and
peaceful and orderly petition for the redress of grievances. [,
either in the course of a labor dispute or otherwise.]
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 loitering. In that event, you must return a verdict
of not guilty of loitering.
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 loitering 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
7727102726943998abc41123f6585e5baeeeb9b3b0ef8b38465f61500bd05575
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