CO · jury_instructions
COLJI-Crim. H:66
UNLAWFULLY PROVIDING A HANDGUN OR FIREARM TO A JUVENILE OR PERMITTING A JUVENILE TO POSSESS A HANDGUN OR FIREARM—PHYSICAL HARM FROM ATTEMPT TO DISARM
The evidence presented in this case has raised the affirmative defense
of “physical harm from attempt to disarm,” as a defense to [unlawfully
providing a [handgun] [firearm] to a juvenile] [permitting a juvenile to
possess a [handgun] [firearm]].
The defendant’s conduct was legally authorized if:
1. he [she] believed that the juvenile would physically harm him
[her] if he [she] attempted to disarm the juvenile or prevent the
juvenile from unlawfully possessing a handgun.
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 [unlawfully providing a [handgun] [firearm] to a
juvenile] [permitting a juvenile to possess a [handgun] [firearm]]. In that
event, you must return a verdict of not guilty of [unlawfully providing a
[handgun] [firearm] to a juvenile] [permitting a juvenile to possess a
[handgun] [firearm]].
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 [unlawfully providing a [handgun]
[firearm] to a juvenile] [permitting a juvenile to possess a [handgun]
[firearm]] 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
358ca01e32f9e469df62672afd9ad48ea9ae909eb4c483872797a5171c42ff20
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