Colorado Jury Instructions-Criminal (COLJI-Crim) (2016)

F:332 SERIOUS BODILY INJURY

“Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

COMMENT

1. See § 18-1-901(3)(p), C.R.S. 2016; § 42-4-1601(4)(b), C.R.S. 2016 (defining the term identically, except that the provision uses the phrase “means injury” (without “bodily”) and includes an “or” immediately before the words: “a substantial risk of protracted loss.”

2. See Instruction F:36 (defining “bodily injury”).

3. See People v. Daniels, 240 P.3d 409, 411 (Colo. App. 2009) (“[W]e . . . hold that ‘of the second or third degree’ in section 18-1-901(3)(p) refers only to burns and not to breaks or fractures. Accordingly, we conclude that any break or fracture is sufficient to establish ‘serious bodily injury.’”).