CO · jury_instructions
COLJI-Crim. H:64
POSSESSION OF A WEAPON BY A PREVIOUS OFFENDER—CHOICE OF EVILS
The evidence presented in this case has raised the affirmative defense
of “choice of evils,” as a defense to possession of a weapon by a previous
offender.
The defendant’s conduct was legally authorized if:
1. he [she] possessed the weapon for the purpose of defending his
[her] home, person or property from what he [she] reasonably
believed to be a threat of imminent harm which was about to
occur because of a situation occasioned or developed through
no conduct of the defendant.
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 possession of a weapon by a previous offender.
In that event, you must return a verdict of not guilty of possession of a
weapon by a previous offender.
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 possession of a weapon by a previous
offender 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
6a88b4e4a5a223f4ab2ed7702e9859dd87666b32264cd5e8b744fc640ffe8d43
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