[Insert instructions for underlying offense.]

Admissibility of Written Statement

You have heard evidence that the defendant made a written statement [describe statement, e.g., to Detective [name] on [date]]. If you find the defendant did make the statement, you may consider that statement against the defendant only if you resolve a preliminary question in favor of the state.

A written statement by an accused made as a result of custodial interrogation may be considered against the defendant only if both—

1. the accused, before making the statement, received from a magistrate a warning that:
   1. he has been accused of a specified offense and of any affidavit filed accusing him;
   2. he has the right to retain counsel;
   3. he has the right to remain silent;
   4. he has a right to have an attorney present during any interview with peace officers or attorneys representing the state;
   5. he has a right to terminate the interview at any time;
   6. he has a right to have an examining trial; and
   7. he has a right to request the appointment of counsel if he cannot afford counsel by means of a procedure described by the magistrate; and
2. the accused, before and during the making of the statement, knowingly, intelligently, and voluntarily waived the rights set out in the warning.

Therefore, you may consider any statement you believe the defendant made only if you first all agree the state has proved, beyond a reasonable doubt, that before making the statement, the defendant was given the warnings set out above, and before and during the making of the statement, the defendant knowingly, intelligently, and voluntarily waived the rights set out in the warning.

If you do not find the state has proved these things beyond a reasonable doubt, you must disregard and not consider for any purpose any statement the defendant may have made.

If you do find the state has proved these things beyond a reasonable doubt, you may consider the evidence that the defendant made the statement and give that evidence whatever weight you believe appropriate.

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]