CO · jury_instructions
COLJI-Crim. H:57.5
CRUELTY TO ANIMALS—UNREASONABLE OR EXCESSIVE FORCE
The evidence presented in this case has raised the affirmative defense
of “unreasonable or excessive force” as a defense to [aggravated cruelty to
animals] [cruelty to a law enforcement animal].
The defendant’s conduct was legally authorized if:
1. [he] [she] used physical force upon a law enforcement animal to
defend [his] [her] own person or a third person, and
2. [he] [she] reasonably believed that a law enforcement animal
was an application of unreasonable or excessive force, in
violation of the law.
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 [aggravated cruelty to animals] [cruelty to a law
enforcement animal]. In that event, you must return a verdict of not guilty
of [aggravated cruelty to animals] [cruelty to a law enforcement animal].
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 [aggravated cruelty to animals] [cruelty to
a law enforcement animal] 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
ef42077368e84fe162bcd68c1c82a3d4d2361057495573d2dea8fe2d2d609366
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