CO H:22 USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF PREMISES

COLORADO JURY INSTRUCTIONS:  COLJI-Crim. (2008)

Chapter H: Affirmative Defenses

CO H:22  USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF PREMISES 

It is an affirmative defense to the crime of (Insert name of crime) that the defendant used deadly physical force because:

1. he reasonably believed it necessary to prevent

2. what he reasonably believed to be an attempt by a trespasser to commit first degree arson.

In addition to proving all of the elements of the crime charged beyond a reasonable doubt, the prosecution also has the burden to disprove the affirmative defense beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has failed to disprove beyond a reasonable doubt any one or more elements of the affirmative defense, you must return a verdict of not guilty.