In Colorado – when you are charged with various forms of crimes labeled domestic violence – there often is an additional charge of child abuse ( if a child is present and observes the domestic violence) and sometimes – the following charge CONTRIBUTING TO THE DELINQUENCY OF A MINOR.
To understand any charge – any crime with which you are charged – you need to understand the elements of the crime – here are the elements – the formula – that is the crime of CONTRIBUTING TO THE DELINQUENCY OF A MINOR in Colorado. What follows is the instruction of law actually read to the jury at the end of the trial.
The elements of the crime of contributing to the delinquency of a minor are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. induced, aided, or encouraged,
5. a person under the age of 18,
6. to violate / commit the crime of _______________________________________________
(Insert crime, specific federal or state law, municipal or county ordinance, or court order).
After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of contributing to the delinquency of a minor.
After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of criminal solicitation.
The crime that is induced, aided or encouraged is called the “ulterior crime.”
The ulterior crime must be named in the instruction and an additional instruction explaining the elements of the ulterior crime must be given immediately following this instruction. Only the elemental portions of the ulterior crime instruction need be given; i.e., the final two paragraphs regarding the prosecution’s burden of proof should be deleted for this purpose.