Colorado Jury Instructions, Criminal -(2023)
CHAPTER H: DEFENSES
SECTION I: DEFENSES THAT ARE GENERALLY APPLICABLE

H:13: USE OF NON-DEADLY PHYSICAL FORCE (DEFENSE OF PERSON–OFFENSE WITH A MENS REA OF RECKLESSNESS, EXTREME INDIFFERENCE, OR CRIMINAL NEGLIGENCE)

The evidence presented in this case has raised the question of self-defense with respect to [insert name(s) of offense(s)].

A person is justified in using physical force upon another person without first retreating in order to defend himself [herself] [a third person] from what he [she] reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he [she] may use a degree of force which he [she] reasonably believes to be necessary for that purpose.

However, a person is not justified in using physical force if:

[with intent to cause bodily injury or death to another person, he [she] provokes the use of unlawful physical force by that other person.]

[he [she] is the initial aggressor; except that his [her] use of physical force upon another person under the circumstances is justifiable if he [she] withdraws from the encounter and effectively communicates to the other person his [her] intent to do so, but the other person nevertheless continues or threatens the use of unlawful physical force.]

[the physical force involved is the product of an unauthorized combat by agreement.]

[the use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim makes an unwanted nonforcible romantic or sexual advance toward the person.]

You have been instructed that the prosecution has the burden of proving beyond a reasonable doubt all of the elements of [insert name(s) of offense(s)], including that the defendant acted [recklessly] [with extreme indifference] [in a criminally negligent manner].

You are further instructed that, with respect to [insert name(s) of offense(s)], the prosecution does not have an additional burden to disprove self-defense. You are instructed, though, that a person does not act [recklessly] [with extreme indifference] [in a criminally negligent manner] if his [her] conduct is legally justified as set forth above.

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