CO F:87 DEADLY PHYSICAL FORCE

CO F:87 DEADLY PHYSICAL FORCE

State: Jury Instruction Number:

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

F:87 DEADLY PHYSICAL FORCE

“Deadly physical force” means force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death.

COMMENT

1. See § 18-1-901(3)(d), C.R.S. 2016.

2. See People v. Vasquez, 148 P.3d 326, 330 (Colo. App. 2006) (concluding that the General Assembly included an intent element as a necessary ingredient of “deadly physical force”); People v. Ferguson, 43 P.3d 705 (Colo. App. 2001) (trial court, in giving jury instruction concerning self-defense in attempted murder and assault prosecution where the victim did not die, erred in defining deadly physical force as “force, the intended, natural, and probable consequence of which is to produce death”; the error was not harmless because the jury was permitted to hold defendant to a higher standard in establishing self-defense than what was required by law).