COLJI-Crim. J:03

Complicity is not a separate crime. Rather, it is a legal theory by

which the defendant may be found guilty of a crime that was committed by

another person.

For the defendant to be guilty as a complicitor of the crime of [insert

offense], as defined at the end of this Instruction, the prosecution must

prove each of the following conditions beyond a reasonable doubt:

1. Another person committed the crime of [insert offense], as

defined at the end of this Instruction, and

2. the defendant, with the desire or the purpose or design to aid,

abet, advise, or encourage the other person in planning or

committing that crime,

3. aided, abetted, advised, or encouraged the other person in

planning or committing that crime, and

[4. the defendant was aware of all of the elements of that crime, as

defined at the end of this Instruction.]

[4. the defendant was aware of element numbers [identify the

appropriate elements, e.g., “1, 2, and 4”—see Comment 2] of

that crime, as defined at the end of this Instruction.]

[5. and the defendant’s conduct was not legally authorized by the

affirmative defense[s] in Instruction[s] ___.]

For purposes of this Instruction, another person committed the crime

of [insert offense] if the prosecution proves each of the following elements

beyond a reasonable doubt:

1. That the other person,

2. in the State of Colorado, at or about the date and place at issue,

3. [insert remaining elements of the offense].

After considering all the evidence, if you decide the prosecution has

proven each of the conditions of complicity liability beyond a reasonable

doubt, you should find the defendant guilty of [insert offense].

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the conditions of complicity liability

beyond a reasonable doubt, you should find the defendant not guilty of

[insert offense].