Federal Crimes

FEDERAL CRIMES DEFINED IN NINTH CIRCUIT MODEL JURY INSTRUCTIONS

8.1 ARSON (18 U.S.C. § 81)

The defendant is charged in [Count _______ of] the indictment with [attempted] arson in violation of Section 81 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [intentionally set] [intended to set] fire to or burned [e.g., a building on the Fort Ord Military Reservation]; [and] Second, the defendant acted wrongfully and without justification[; and] [Third, the defendant did something which was a substantial step toward committing the crime, with all of you agreeing as to what constituted the substantial step].[Mere preparation is not a substantial step toward committing a crime.] [If you decide that the defendant is guilty, you must then decide whether the government has proved beyond a reasonable doubt that [the building was regularly used by people as a place in which to live and sleep] [a person's life was placed in jeopardy]]. [If you decide that the defendant is guilty, you must then decide whether the defendant's act placed the life of some person in danger.]

8.2 ASSAULT ON FEDERAL OFFICER [WITH A DEADLY OR DANGEROUS WEAPON] (18 U.S.C. § 111)

The defendant is charged in [Count _______ of] the indictment with assault on a federal [[officer] [employee]] [with a deadly or dangerous weapon] in violation of Section 111 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant intentionally used force in [[assaulting] [resisting] [intimidating] [interfering with]] [[name of federal officer or employee]]; [and] Second, the defendant did so while [name of federal officer or employee] was engaged in, or on account of [his] [her] official duties[; and] [.][Third, the defendant [used a deadly or dangerous weapon] [inflicted bodily injury].] There is a use of force when one person intentionally [strikes] [wounds] another, or when one person intentionally makes a display of force which reasonably causes a person to fear immediate bodily harm. [A [specify weapon] is a deadly or dangerous weapon if it is used in a way that is capable of causing death or serious bodily injury.]

8.5 ASSAULT WITH DANGEROUS WEAPON (18 U.S.C. § 113(a)(3))

The defendant is charged in [Count _______ of] the indictment with assault with a dangerous weapon in violation of Section 113(a)(3) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant assaulted [name of victim] by intentionally [striking] [wounding] [him] [her] [using a display of force that reasonably caused [him] [her] to fear immediate bodily harm]; Second, the defendant acted with the specific intent to do bodily harm to [name of victim]; Third, the defendant used a dangerous weapon; andFourth, the assault took place on [specify place of federal jurisdiction]. [A [specify weapon] is a dangerous weapon if it is used in a way that is capable of causing death or serious bodily injury.]

8.8 BRIBERY OF PUBLIC OFFICIAL (18 U.S.C. § 201(b)(1))The defendant is charged in [Count _______ of] the indictment with bribing a public official in violation of Section 201(b)(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [gave] [offered] [promised] something of value to [public official]; and Second, the defendant acted corruptly, that is, with the intent to [influence an official act by the [public official]] [persuade the [public official] to omit to do an act in violation of [public official]’s lawful duty].

8.9 RECEIVING BRIBE BY PUBLIC OFFICIAL (18 U.S.C. § 201(b)(2))The defendant is charged in [Count _______ of] the indictment with [soliciting] [receiving] [or] [agreeing to receive] a bribe in violation of Section 201(b)(2) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was [e.g., a special agent of the United States Customs Service]; Second, the defendant [solicited] [received] [agreed to receive] something of value [for being influenced in the performance of an official act] [for being persuaded [to omit] to do an act in violation of defendant's official duty]; and Third, the defendant acted corruptly, that is, with the intent [of being influenced in the performance of an official act] [[to omit] to do an act in violation of defendant's official duty].

8.10 BRIBERY OF WITNESS (18 U.S.C. § 201(b)(3))The defendant is charged in [Count _______ of] the indictment with bribery of a witness in violation of Section 201(b)(3) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, [witness] was to be a witness under oath at a [e.g., trial before the United States District Court for the District of _______]; Second, the defendant [gave] [offered] [promised] something of value to [witness]; and Third, the defendant acted corruptly, that is, with the intent to influence [the testimony of [witness]] [[witness] to be absent from the [e.g., trial]]. 8.16 CONSPIRACY—ELEMENTSThe defendant is charged in [Count _______ of] the indictment with conspiring to _______ in violation of Section _______ of Title ___ of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, beginning on or about [date], and ending on or about [date], there was an agreement between two or more persons to commit at least one crime as charged in the indictment; [and] Second, the defendant became a member of the conspiracy knowing of at least one of its objects and intending to help accomplish it [and;] [Third, one of the members of the conspiracy performed at least one overt act for the purpose of carrying out the conspiracy, with all of you agreeing on a particular overt act that you find was committed]. I shall discuss with you briefly the law relating to each of these elements. A conspiracy is a kind of criminal partnership—an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed. For a conspiracy to have existed, it is not necessary that the conspirators made a formal agreement or that they agreed on every detail of the conspiracy. It is not enough, however, that they simply met, discussed matters of common interest, acted in similar ways, or perhaps helped one another. You must find that there was a plan to commit at least one of the crimes alleged in the indictment as an object of the conspiracy with all of you agreeing as to the particular crime which the conspirators agreed to commit. One becomes a member of a conspiracy by willfully participating in the unlawful plan with the intent to advance or further some object or purpose of the conspiracy, even though the person does not have full knowledge of all the details of the conspiracy. Furthermore, one who willfully joins an existing conspiracy is as responsible for it as the originators. On the other hand, one who has no knowledge of a conspiracy, but happens to act in a way which furthers some object or purpose of the conspiracy, does not thereby become a conspirator. Similarly, a person does not become a conspirator merely by associating with one or more persons who are conspirators, nor merely by knowing that a conspiracy exists. [An overt act does not itself have to be unlawful. A lawful act may be an element of a conspiracy if it was done for the purpose of carrying out the conspiracy. The government is not required to prove that the defendant personally did one of the overt acts.]

8.20 CONSPIRACY—LIABILITY FOR SUBSTANTIVE OFFENSE COMMITTED BY CO-CONSPIRATOR (PINKERTON CHARGE)

Each member of the conspiracy is responsible for the actions of the other conspirators performed during the course and in furtherance of the conspiracy. If one member of a conspiracy commits a crime in furtherance of a conspiracy, the other members have also, under the law, committed that crime. Therefore, you may find the defendant guilty of [e.g., distributing cocaine] as charged in Count _______ of the indictment if the government has proved each of the following elements beyond a reasonable doubt: 1. a person named in Count _______ of the indictment committed the crime of [e.g., distribution of cocaine] as alleged in that count; 2. the person was a member of the conspiracy charged in Count _______ of the indictment; 3. the person committed the crime of [e.g., distribution of cocaine] in furtherance of the conspiracy; 4. the defendant was a member of the same conspiracy at the time the offense charged in Count _______ was committed; and 5. the offense fell within the scope of the unlawful agreement and could reasonably have been foreseen to be a necessary or natural consequence of the unlawful agreement.

8.21 CONSPIRACY— SEARS CHARGE

Before being convicted of conspiracy, an individual must conspire with at least one co–conspirator. There can be no conspiracy when the only person with whom the defendant allegedly conspired was a government [agent] [informer] who secretly intended to frustrate the conspiracy.

8.23 PASSING COUNTERFEIT OBLIGATIONS (18 U.S.C. § 472)The defendant is charged in [Count _______ of] the indictment with [passing] [attempting to pass] a counterfeit obligation in violation of Section 472 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [passed] [intended to pass] a [[falsely made] [forged] [counterfeit] [altered]] [[obligation]]; Second, the defendant knew that the [obligation] was [falsely made] [forged] [counterfeit] [altered]; [and] Third, the defendant acted with the intent to defraud[; and] [Fourth, the defendant did something which was a substantial step toward committing the crime, with all of you agreeing as to what constituted the substantial step]. [Mere preparation is not a substantial step toward committing a crime.] To be counterfeit, a bill must have a likeness or resemblance to genuine currency.

8.25 FORGERY (18 U.S.C. § 495)The defendant is charged in [Count _______ of] the indictment with forgery in violation of Section 495 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:First, the defendant [falsely made] [altered] [forged] [counterfeited] the name of the payee of a [e.g., United States Treasury check]; and Second, the defendant did so with the intent that the defendant or someone else obtain money from the United States.

8.29 SMUGGLING GOODS (18 U.S.C. § 545)The defendant is charged in [Count _______ of] the indictment with [smuggling] [attempting to smuggle] in violation of Section 545 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [smuggled] [attempted to smuggle] merchandise into the United States without declaring the merchandise for invoicing as required by United States Customs law; Second, the defendant knew that the merchandise was of a type that should have been declared; and Third, the defendant acted willfully with intent to defraud the United States. [Fourth, the defendant did something which was a substantial step toward committing [crime charged], with all of you agreeing as to what constituted the substantial step. Mere preparation is not a substantial step toward the commission of [crime charged].]

8.30 RECEIVING, CONCEALING, BUYING OR SELLING SMUGGLED PROPERTY(18 U.S.C. § 545)The defendant is charged in [Count _______ of] the indictment with [receiving] [concealing] [buying] [selling] smuggled property in violation of Section 545 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, merchandise had been brought into the United States contrary to United States Customs law; and Second, the defendant [received] [concealed] [bought] [sold] the merchandise knowing that it had been brought into the United States contrary to law.

8.31 THEFT OF GOVERNMENT MONEY OR PROPERTY (18 U.S.C. § 641)The defendant is charged in [Count _______ of] the indictment with theft of government [money] [property] in violation of Section 641 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly stole [money] [property of value] with the intention of depriving the owner of the use or benefit of the [money] [property]; Second, the [money] [property] belonged to the United States; and Third, the value of the [money] [property] was more than $1,000.

8.32 POSSESSION OF STOLEN GOVERNMENT MONEY OR PROPERTY (18 U.S.C. § 641)The defendant is charged in [Count _______ of] the indictment with possession of stolen government [money] [property] in violation of Section 641 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly [[received] [concealed] [retained]] [[money] [property of value]]; Second, the [money] [property] belonged to the United States; Third, the defendant knew that the [money] [property] had been stolen from the United States; and Fourth, the defendant intended to possess the [money] [property] for [his] [her] own use or gain; and Fifth, the value of the [money] [property] was more than $1,000.

8.33 THEFT, EMBEZZLEMENT OR MISAPPLICATION OF BANK FUNDS (18 U.S.C. § 656)The defendant is charged in [Count _______ of] the indictment with [theft] [embezzlement] [misapplication] of bank funds in violation of Section 656 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was a [e.g., teller of the [financial institution]]; Second, the defendant knowingly and willfully [stole] [embezzled] [misapplied] funds or credits belonging to the bank or entrusted to its care in excess of $1000; Third, the defendant acted with the intent to injure or defraud the bank; Fourth, the bank was an insured bank; and Fifth, the amount of money taken was more than $1,000. The fact that the defendant may have intended to repay the funds at the time they were taken is not a defense.

8.35 THEFT FROM INTERSTATE SHIPMENT (18 U.S.C. § 659)The defendant is charged in [Count __ of] the indictment with theft from an interstate shipment in violation of Section 659 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant stole goods from a shipment in interstate commerce; and Second, the defendant did so with the intent to deprive the owner of the use or benefit of the goods.A shipment is in interstate commerce if it begins in one state and moves into another state. It becomes an interstate shipment as soon as it is assembled for interstate movement and remains one until it has been delivered to its destination.

8.41 FALSE IMPERSONATION OF CITIZEN OF UNITED STATES (18 U.S.C. § 911) The defendant is charged in [Count __ of] the indictment with misrepresenting [himself] [herself] to be a citizen of the United States. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant falsely represented [himself] [herself] to be a citizen of the United States; Second, the defendant was not a citizen of the United States at that time; and Third, the defendant made such false representation willfully, that is, the misrepresentation was voluntarily and deliberately made.

8.45 FIREARMS—DEALING, IMPORTING OR MANUFACTURING WITHOUT LICENSE (18 U.S.C. § 922(a)(1)(A) and (B)) The defendant is charged in [Count _______ of] the indictment with [dealing] [importing] [manufacturing] firearms without a license, in violation of Section 922(a)(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was willfully engaged in the business of [dealing in] [importing] [manufacturing] firearms within the dates specified in the indictment; and Second, the defendant did not have a license as a firearms [dealer] [importer] [manufacturer].

8.46 FIREARMS—SHIPMENT OR TRANSPORTATION TO A PERSON NOT LICENSED AS A DEALER, IMPORTER, MANUFACTURER OR COLLECTOR (18 U.S.C. § 922(a)(2))

The defendant is charged in [Count _______ of] the indictment with the [shipment] [transportation] of a firearm to a person not licensed as a [dealer] [importer] [manufacturer] [collector] of firearms, in violation of Section 922(a)(2) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was a licensed firearms [dealer] [importer] [manufacturer] [collector]; Second, the defendant willfully [shipped] [transported] a [firearm] [from one state to another] [to/from a foreign nation from/to the United States]; and Third, the defendant [shipped] [transported] the [firearm] to a person who was not licensed as a firearms [dealer] [importer] [manufacturer] [collector].

8.48 FIREARMS—TRANSPORTING OR RECEIVING IN STATE OF RESIDENCE (18 U.S.C. § 922(a)(3)) The defendant is charged in [Count _______ of] the indictment with [transporting] [receiving] a firearm [into] [in] the state of his residence in violation of Section 922(a)(3) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was not licensed as a firearms [dealer] [importer] [manufacturer] [collector]; and Second, the defendant willfully [transported into] [received in] the state in which the defendant resided a [firearm] that the defendant purchased or otherwise obtained outside that state.

8.49 FIREARMS—UNLAWFUL TRANSPORTATION OF DESTRUCTIVE DEVICE,MACHINE GUN, SHORT–BARRELED SHOTGUN OR SHORT–BARRELED RIFLE(18 U.S.C. § 922(a)(4)) The defendant is charged in [Count _______ of] the indictment with the unlawful transportation of a [destructive device] [machine gun] [short-barreled shotgun] [short-barreled rifle] in violation of Section 922(a)(4) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was not licensed as a firearms [dealer] [importer] [manufacturer] [collector]; Second, the defendant knowingly transported [e.g., a hand grenade, a machine gun, a shotgun having one or more barrels less than 18 inches in length, a shotgun modified so that its overall length is less than 26 inches, a rifle having one or more barrels less than 16 inches in length or a rifle modified so that its overall length is less than 26 inches] from [one state to another] [a foreign nation to the United States]; and Third, that the defendant did so without specific authorization by the Secretary of the Treasury of the United States.

8.53 FIREARMS—UNLAWFUL SALE OR DELIVERY (18 U.S.C. § 922(b)(1)–(3)) The defendant is charged in [Count _______ of] the indictment with unlawfully [selling] [delivering] a firearm in violation of Section 922(b)[(1)][(2)][(3)] of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was licensed as a firearms [dealer] [importer] [manufacturer] [collector]; Second, the defendant willfully [sold] [delivered] a [firearm] to [unauthorized purchaser]; and Third, the defendant knew or had reasonable cause to believe that [[unauthorized purchaser] was less than eighteen years of age] [purchase or possession of the firearm by [unauthorized purchaser] would be in violation of [applicable state law or published ordinance]] [[unauthorized purchaser] did not reside in the same state in which the defendant's place of business was located].

8.58 FIREARMS—UNLAWFUL SHIPMENT OR TRANSPORTATION (18 U.S.C. § 922(g))

The defendant is charged in [Count _______ of] the indictment with [shipping] [transporting] a firearm in violation of Section 922(g) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: first, the defendant knowingly [shipped] [transported] a [firearm] from [one state to another] [a foreign nation to the United States]; and Second, at the time of [shipment] [transportation] the defendant [insert applicable prohibited status from 18 U.S.C.§ 922(g)(1)-(9)].

8.62 FIREARMS—TRANSPORTING, SHIPPING OR RECEIVING IN COMMERCEWITH REMOVED OR ALTERED SERIAL NUMBER (18 U.S.C. § 922(k)) The defendant is charged in [Count _______ of] the indictment with [transporting] [shipping] [receiving] a firearm which had the serial number removed or altered in violation of Section 922(k) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:First, the defendant knew that [he] [she] had [transported] [shipped] [received] [possessed] a [firearm] from [one state to another] [a foreign nation to the United States]; Second, the serial number of the [e.g., pistol] had been removed or altered; and Third, the defendant knew that the serial number had been removed or altered.

8.65 FIREARMS—USING OR CARRYING IN COMMISSION OF DRUG TRAFFICKING CRIME OR CRIME OF VIOLENCE (18 U.S.C. § 924(c)) The defendant is charged in [Count ____ of] the indictment with [using] [carrying] [possessing] [brandishing] [discharging] a firearm during and in relation to a [crime of violence] [drug trafficking crime] in violation of Section 924(c) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant committed the crime of [e.g., murder] [as charged in Count ____ of the indictment]; Second, the defendant knowingly [used] [carried] [possessed] [brandished] [discharged] a [firearm]; and Third, the defendant [used] [carried] [possessed] [brandished] [discharged] the [firearm] during and in relation to the crime.[A defendant has "used" a firearm if he or she has actively employed the firearm in relation to [crime charged].] [Use includes any of the following: (1) [[brandishing] [displaying] [bartering] [striking with] [firing or attempting to fire] a firearm;] (2) [referring to a firearm in the defendant’s possession [in order to bring about a change in the circumstances of the predicate offense];] (3) [the silent but obvious and forceful presence of a firearm in plain view].] Carrying is not limited to carrying weapons directly on the person, but can include circumstances such as carrying in a vehicle. A defendant "carries" a firearm when [he] [she]: (1) knowingly possesses it; and (2) holds, moves, conveys, or transports it in some manner. A person possesses a firearm if the person knows of its presence and has physical control of it, or knows of its presence and has the power and intention to control it. A defendant takes such action "in relation to the crime" if the firearm facilitated or played a role in the crime.

8.66 FALSE STATEMENT TO GOVERNMENT AGENCY (18 U.S.C. § 1001) The defendant is charged in [Count _______ of] the indictment with knowingly and willfully [making a false statement] [using a document containing a false statement] in a matter within the jurisdiction of a governmental agency or department in violation of Section 1001 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [made a false statement] [used a writing which contained a false statement] in a matter within the jurisdiction of the [specify government agency or department]; Second, the defendant acted willfully, that is deliberately and with knowledge that the statement was untrue; and Third, the statement was material to the [specify government agency or department] activities or decisions.A statement is material if it had a natural tendency to influence, or was capable of influencing, the agency’s decisions or activities.

8.67 FALSE STATEMENT TO A BANK (18 U.S.C. § 1014)The defendant is charged in [Count __________ of] the indictment with making a false statement to a federally insured [bank] [savings and loan association] for the purpose of influencing the bank in violation of Section 1014 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [made a false statement or report] [willfully overvalued any land, property or security] to a federally insured bank; Second, the defendant made the false statement or report to the bank knowing it was false; and Third, the defendant did so for the purpose of influencing in any way the action of the bank. It is not necessary, however, to prove that the bank involved was, in fact, influenced or misled. What must be proved is that the defendant intended to influence the bank by the false statement.

8.74 TELECOMMUNICATIONS INSTRUMENT—ILLEGAL MODIFICATION (18 U.S.C. § 1029(a)(7))

The defendant is charged in [Count _______ of] the indictment with [use of] [production of] [trafficking in] a telecommunications instrument which had been modified to obtain unauthorized telecommunications services in violation of Section 1029(a)(7) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly [used] [produced] [trafficked in] [had custody or control of] [possessed] a telecommunications instrument that had been modified or altered to obtain unauthorized use of telecommunications services;Second, the defendant acted with the intent to defraud; and Third, the defendant's conduct in some way affected commerce between one state and [an]other state[s], or between a state or the United States and a foreign country. [One "produces" a telecommunications instrument by designing it, altering it, authenticating it, duplicating it, or assembling it.] [One "traffics" in a telecommunications instrument by transferring it or otherwise disposing of it to another, or by obtaining control of it with intent to transfer or dispose of it.]

8.76 CREDIT CARD TRANSACTION FRAUD (18 U.S.C. § 1029(a)(9)) The defendant is charged in [Count _______ of] the indictment with arranging for another person to present a record of a transaction made by an access device to a credit card system for payment in violation of Section 1029(a)(9) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, that the defendant knowingly [arranged for] [caused] another person to present, for payment to a credit card system [member] [agent], one or more [records] [evidences] of transactions made by an access device; Second, that the defendant was not authorized by the credit card system [member] [agent] to [arrange] [cause] such a claim for payment; Third, the defendant acted with the intent to defraud; and Fourth, the defendant's conduct in some way affected commerce between one state and [an]other state[s], or between a state or the United States and a foreign country.

8.78 OBTAINING INFORMATION BY COMPUTER—FROM FINANCIAL INSTITUTIONOR GOVERNMENT COMPUTER (18 U.S.C. § 1030(a)(2)(A) and (B))The defendant is charged in [Count _______ of] the indictment with obtaining computer information of a [financial institution] [card issuer] [consumer reporting agency] [government department or agency] in violation of Section 1030(a)(2) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant intentionally [accessed without authorization] [exceeded authorized access to] a computer; and Second, by [accessing without authorization] [exceeding authorized access to] a computer, the defendant obtained information [contained in a record of [financial institution or card issuer]] [contained in a file of [consumer reporting agency] on [consumer]] [from any department or agency of the United States].

8.85 TRAFFICKING IN PASSWORDS (18 U.S.C. § 1030(a)(6)(A) and (B))The defendant is charged in [Count _______ of] the indictment with trafficking in [a] password[s] or similar information through which a computer may be accessed without authorization, in violation of Section 1030(a)(6) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly [transferred to another] [disposed of to another] [and/or] [obtained control of with intent to transfer or dispose of] [a] password[s] or similar information through which a computer may be accessed without authorization; Second, the defendant acted with the intent to defraud; and Third, [the defendant's conduct in some way affected commerce between one state and [an]other state[s] or between a state or the United States and a foreign country] [or] [the computer was used by or for the government of the United States].

8.86A COMPUTER FRAUD AND ABUSE ACT–DEFINITIONS (18 U.S.C. §1030(e))For purposes of [instruction [insert instruction number]] [these instructions], the term[s]:["computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.] ["damage" means any impairment to the integrity or availability of data, a program, a system, or information.] ["department of the United States" means the legislative or judicial branch of the United States Government or one of the executive departments.]["exceeds authorized access" means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.] ["financial record" means information derived from any record held by a financial institution pertaining to a customer’s relationship with the financial institution.] ["government entity" includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country.] ["loss" means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.] ["person" means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.]

8.89 MURDER—FIRST DEGREE (18 U.S.C. § 1111)The defendant is charged in [Count _______ of] the indictment with murder in the first degree in violation of Section 1111 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant unlawfully killed [victim]; Second, the defendant killed [victim] with malice aforethought; Third, the killing was premeditated; and Fourth, the killing occurred at [location stated in indictment]. To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life. Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing.

8.90 MURDER—SECOND DEGREE (18 U.S.C. § 1111)The defendant is charged in [Count _______ of] the indictment with murder in the second degree in violation of Section 1111 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant unlawfully killed [victim]; Second, the defendant killed [victim] with malice aforethought; and Third, the killing occurred at [location stated in indictment]. To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.

8.91 MANSLAUGHTER—VOLUNTARY (18 U.S.C. § 1112)

The defendant is charged in [Count _______ of] the indictment with voluntary manslaughter in violation of Section 1112 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant unlawfully killed [victim]; Second, while in a sudden quarrel or heat of passion, caused by adequate provocation: a) the defendant intentionally killed [victim]; or b) the defendant killed [victim] recklessly with extreme disregard for human life; and Third, the killing occurred at [location stated in indictment]. Heat of passion may be provoked by fear, rage, anger or terror. Provocation, in order to be adequate, must be such as might arouse a reasonable and ordinary person to kill someone.

8.92 INVOLUNTARY MANSLAUGHTER (18 U.S.C. § 1112)The defendant is charged in [Count _______ of] the indictment with involuntary manslaughter in violation of Section 1112 of Title 18 of the United States Code. [Involuntary manslaughter is the unlawful killing of a human being without malice aforethought and without an intent to kill.] In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant committed an unlawful act not amounting to a felony, or committed a lawful act, done either in an unlawful manner or with wanton or reckless disregard for human life, which might produce death; Second, the defendant's act was the proximate cause of the death of the victim. A proximate cause is one which played a substantial part in bringing about the death, so that the death was the direct result or a reasonably probable consequence of the defendant's act; Third, the killing was unlawful; Fourth, the defendant either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the defendant to foresee that such conduct might be a threat to the lives of others; and Fifth, the killing occurred at [location stated in indictment].

8.95 KIDNAPPING—INTERSTATE TRANSPORTATION (18 U.S.C. § 1201(a)(1))The defendant is charged in [Count _______ of] the indictment with kidnapping in violation of Section 1201(a)(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [kidnapped] [seized] [confined] [kidnapped person]; Second, the defendant held [kidnapped person] for ransom, reward or other benefit; and Third, the defendant intentionally transported [kidnapped person] across state lines.

8.101 MAIL FRAUD——SCHEME TO OBTAIN MONEY OR PROPERTY BY FALSE PROMISES (18 U.S.C. § 1341)The defendant is charged in [Count _______ of] the indictment with mail fraud in violation of Section 1341 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant made up a scheme or plan for obtaining money or property by making false promises or statements, with all of you agreeing on at least one particular false promise or statement that was made; Second, the defendant knew that the promises or statements were false; Third, the promises or statements were material, that is they would reasonably influence a person to part with money or property; Fourth, the defendant acted with the intent to defraud; and Fifth, the defendant used, or caused to be used, the mails to carry out or attempt to carry out an essential part of the scheme. A mailing is caused when one knows that the mails will be used in the ordinary course of business or when one can reasonably foresee such use. It does not matter whether the material mailed was itself false or deceptive so long as the mail was used as a part of the scheme, nor does it matter whether the scheme or plan was successful or that any money or property was obtained.

8.103 WIRE FRAUD (18 U.S.C. § 1343)

"To convict a person of wire fraud, the government must prove beyond a reasonable doubt that the accused (1) participated in a scheme to defraud; and (2) used the wires to further the scheme." United States v. Ciccone, 219 F.3d 1078, 1083 (9th Cir. 2000) (citation omitted)."To sustain a conviction for fraud . . . , the government must prove beyond a reasonable doubt the element of specific intent." Ciccone, 219 F.3d at 1082 (citation omitted). The only difference between mail fraud and wire fraud is that the former involves the use of the mails and the latter involves the use of wire, radio, or television communication in interstate or foreign commerce. In a wire fraud or attempted wire fraud case, the Committee recommends that the applicable mail fraud instructions (Instructions 8.101 (Mail Fraud–Scheme to Obtain money or Property by False Promises) and 8.102 (Mail Fraud–Scheme to Defraud)), be modified appropriately. As with mail fraud, materiality is an essential element of the crime of wire fraud. Neder v. United States, 527 U.S. 1 (1999). 8.104 BANK FRAUD—SCHEME TO DEPRIVE BANK OF INTANGIBLE RIGHT OF HONEST SERVICES (18 U.S.C. §§ 1344(1) and 1346)The defendant is charged in [Count _______ of] the indictment with bank fraud in violation of Section 1344(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly carried out a scheme or plan to deprive the [financial institution] of the intangible right of honest services; Second, the defendant acted with the intent to deprive the [financial institution] of the intangible right of honest services; and Third, the [financial institution] was federally [chartered] [insured].

8.110 PERJURY—TESTIMONY (18 U.S.C. § 1621)The defendant is charged in [Count _______ of] the indictment with perjury in violation of Section 1621 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant testified under oath orally or in writing that [false testimony]; Second, the testimony was false; Third, the false testimony was material to the matters before [e.g., the grand jury]; and Fourth, the defendant acted willfully, that is deliberately and with knowledge that the testimony was false. [All of you must agree as to which statement was false.]The testimony of one witness is not enough to support a finding that the testimony of [defendant] was false. There must be additional evidence—either the testimony of another person or other evidence—which tends to support the testimony of falsity. The other evidence, standing alone, need not convince you beyond a reasonable doubt that the testimony was false. But after considering all of the evidence on the subject, you must be convinced beyond a reasonable doubt that the testimony was false.

8.110 PERJURY—TESTIMONY (18 U.S.C. § 1621)The defendant is charged in [Count _______ of] the indictment with perjury in violation of Section 1621 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant testified under oath orally or in writing that [false testimony]; Second, the testimony was false; Third, the false testimony was material to the matters before [e.g., the grand jury]; and Fourth, the defendant acted willfully, that is deliberately and with knowledge that the testimony was false. [All of you must agree as to which statement was false.]The testimony of one witness is not enough to support a finding that the testimony of [defendant] was false. There must be additional evidence—either the testimony of another person or other evidence—which tends to support the testimony of falsity. The other evidence, standing alone, need not convince you beyond a reasonable doubt that the testimony was false. But after considering all of the evidence on the subject, you must be convinced beyond a reasonable doubt that the testimony was false.

8.112 FALSE DECLARATION BEFORE GRAND JURY OR COURT (18 U.S.C. § 1623)The defendant is charged in [Count _______ of] the indictment with having made a false declaration in violation of Section 1623 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant testified under oath [e.g., before a grand jury]; Second, the testimony was false; and Third, the defendant knew that the testimony was false and material to [e.g., the matters before the grand jury]. [All of you must agree as to which statement was false.]

8.117 HOBBS ACT—EXTORTION OR ATTEMPTED EXTORTION BY FORCE (18 U.S.C. § 1951)

The defendant is charged in [Count _______ of] the indictment with [attempted] extortion by force in violation of Section 1951 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant induced [victim] to part with property by the wrongful use of threat of force or fear; Second, the defendant acted with the intent to obtain the property that the defendant knew [he] [she] was not entitled to receive; Third, commerce from one state to another [was] [would have been] affected in some way[; and] [Fourth, the defendant did something that was a substantial step toward committing the crime of extortion by force, with all of you agreeing as to what constituted the substantial step]. [Mere preparation is not a substantial step toward the commission of the crime of extortion by force.]

8.119 ILLEGAL GAMBLING BUSINESS (18 U.S.C. § 1955)The defendant is charged in [Count _______ of] the indictment with [conducting] [financing] [managing] [supervising] [directing] [owning] an illegal gambling business in violation of Section 1955 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [conducted] [financed] [managed] [supervised] [directed] [owned] a business consisting of [e.g., bookmaking]; Second, [e.g., bookmaking] is illegal gambling in [state] [city];Third, the business involved five or more persons who [conducted] [financed] [managed] [supervised] [directed] [owned] all or part of the business; and Fourth, the business [had been in substantially continuous operation by five or more persons for more than thirty days][had a gross revenue of $2,000 in any single day]. ["Substantially continuous operation for more than thirty days" does not mean that the business had to be in operation every day for more than thirty days. It means that for more than thirty days the business operated upon a regular schedule.] ["Gross revenue" means the total amount of money wagered in one day.]

8.120 FINANCIAL TRANSACTION TO PROMOTE UNLAWFUL ACTIVITY (18 U.S.C. § 1956(a)(1)(A))

The defendant is charged in [Count _______ of] the indictment with [conducting] [attempting to conduct] a financial transaction to promote [unlawful activity] in violation of Section 1956(a)(1)(A) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [conducted] [intended to conduct] a financial transaction involving property that represented the proceeds of [prior, separate criminal activity]; Second, the defendant knew that the property represented the proceeds of [prior, separate criminal activity]; [and] Third, the defendant acted with the intent to promote the carrying on of [unlawful activity being promoted] [; and] [Fourth, the defendant did something that was a substantial step toward committing the crime, with all of you agreeing as to what constituted the substantial step]. [Mere preparation is not a substantial step toward committing the crime of conducting a financial transaction to promote an unlawful activity.] A financial transaction is a transaction involving [the movement of funds by wire or other means] [one or more monetary instruments] [the use of a financial institution which is engaged in _______ or the activities of _______] which affect interstate or foreign commerce in any way.

8.121 LAUNDERING MONETARY INSTRUMENTS (18 U.S.C. § 1956(a)(1)(B))

The defendant is charged in [Count _______ of] the indictment with [laundering] [attempting to launder] money in violation of Section 1956(a)(1)(B) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [conducted] [intended to conduct] a financial transaction involving property that represented the proceeds of [unlawful activity]; Second, the defendant knew that the property represented the proceeds of [prior, separate criminal activity]; [and] Third, the defendant knew that the transaction was designed in whole or in part [to conceal or disguise the [nature] [location] [source] [ownership] [control] of the proceeds of [prior, separate criminal activity]] [to avoid a transaction reporting requirement under state or federal law][; and] [Fourth, the defendant did something that was a substantial step toward committing the crime of laundering money, with all of you agreeing as to what constituted the substantial step]. [Mere preparation is not a substantial step toward committing the crime of laundering money.] A financial transaction is a transaction involving [the movement of funds by wire or other means] [one or more monetary instruments] [the use of a financial institution which is engaged in _______ or the activities of _______] which affect interstate or foreign commerce in any way. The laws of the [United States] [state of _______] require the reporting of [reporting requirement].

8.123A MONEY LAUNDERING (18 U.S.C. § 1957)

The defendant is charged in [Count ___ of] the indictment with money laundering in violation of Section 1957 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly engaged or attempted to engage in a monetary transaction; Second, the defendant knew the transaction involved criminally derived property; Third, the property had a value of greater than $10,000; Fourth, that the property was, in fact, derived from [describe the specified unlawful activity alleged in the indictment]; and Fifth, the transaction occurred in the [United States] [otherwise as set forth in 18 U.S.C. § 1957 (d)]. The term "monetary transaction" means the [deposit] [withdrawal] [transfer] or [exchange], in or affecting interstate commerce, of funds or a monetary instrument by, through, or to a financial institution. [The term "monetary transaction" does not include any transaction necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment to the Constitution.]The term "financial institution" means [identify type of institution listed in 31 U.S.C. § 5312 as alleged in the indictment]. The term "criminally derived property" means any property constituting, or derived from, the proceeds of a criminal offense. The government must prove that the defendant knew that the property involved in the monetary transaction constituted, or was derived from, proceeds obtained by some criminal offense. The government does not have to prove that the defendant knew the precise nature of that criminal offense, or knew the property involved in the transaction represented the proceeds of [specified unlawful activity as alleged in the indictment]. Although the government must prove that, of the property at issue more than $10,000 was criminally derived, the government does not have to prove that all of the property at issue was criminally derived.

8.126 RICO—PATTERN OF RACKETEERING ACTIVITY (18 U.S.C. § 1961(5))A pattern of racketeering activity is at least two racketeering acts that have a relationship to each other and they amount to or pose a threat of continued criminal activity. Conduct forms a pattern if it consists of criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. Sporadic activity or widely separated and isolated criminal activity does not form a pattern of racketeering activity.

8.127 RICO—USING OR INVESTING INCOME FROM RACKETEERING ACTIVITY(18 U.S.C. § 1962(a))The defendant is charged in [Count _______ of] the indictment with using or investing income from racketeering activity in violation of Section 1962(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant received income, directly or indirectly, from a pattern of racketeering activity, or through a collection of an unlawful debt; Second, the defendant used or invested, directly or indirectly, any part of that income or the proceeds of such income to [buy an interest or invest in] [establish] [operate] [enterprise]; and Third, [enterprise] was engaged in or its activities in some way affected commerce between one state and [an]other state[s], or between a state or the United States and a foreign country.

8.128 RICO—ACQUIRING INTEREST IN ENTERPRISE (18 U.S.C. § 1962(b))The defendant is charged in [Count _______ of] the indictment with acquiring or maintaining an interest in or control of an enterprise in violation of Section 1962(b) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant, directly or indirectly, acquired or maintained an interest or control of [enterprise]; Second, the defendant did so through a pattern of racketeering activity or through collection of an unlawful debt; and Third, [enterprise] engaged in or its activities in some way affected commerce between one state and [an]other state[s], or between a state or the United States and a foreign country.

8.129 RICO—CONDUCTING AFFAIRS OF COMMERCIAL ENTERPRISE OR UNION(18 U.S.C. § 1962(c))The defendant is charged in [Count _______ of] the indictment with having [conducted] [participated in the conduct of] the affairs of [enterprise or union] through a pattern of racketeering activity in violation of Section 1962(c) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant was employed by or associated with [enterprise or union]; Second, the defendant [conducted] [participated, directly or indirectly, in the conduct of] the affairs of [enterprise or union] through a pattern of racketeering activity or collection of unlawful debt. To conduct or participate means that the defendant had to be involved in the operation or management of the [enterprise or union]; and Third, [enterprise or union] engaged in or its activities in some way affected commerce between one state and [an]other state[s], or between a state or the United States and a foreign country.

8.131 BANK ROBBERY (18 U.S.C. § 2113)The defendant is charged in [Count _______ of] the indictment with [armed] bank robbery in violation of Section 2113 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant took money belonging to [financial institution]; Second, the defendant used force and violence, or intimidation in doing so; [and] Third, the deposits of [financial institution] was then insured by the Federal Deposit Insurance Corporation[; and] [Fourth, the defendant intentionally [struck or wounded [victim]] [made a display or force that reasonably caused [victim] to fear bodily harm] by using a [e.g., pistol]].

8.133 AGGRAVATED SEXUAL ABUSE (18 U.S.C. § 2241(a))The defendant is charged in [Count _______ of] the indictment with aggravated sexual abuse in violation of Section 2241(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly [used force] [threatened or placed [victim] in fear that some person would be subject to death, serious bodily injury or kidnapping] to cause [victim] to engage in a sexual act; and Second, the offense was committed [location stated in indictment]. In this case, "sexual act" means [sexual act definition].

8.137 AGGRAVATED SEXUAL ABUSE OF CHILD (18 U.S.C. § 2241(c))The defendant is charged in [Count _______ of] the indictment with aggravated sexual abuse of a child in violation of Section 2241(c) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly engaged in a sexual act with [victim]; Second, at the time, [victim] had not yet reached the age of twelve years; and Third, the offense was committed [location stated in indictment]. In this case, "sexual act" means [sexual act definition].

8.143 SEXUAL ABUSE OF A MINOR (18 U.S.C. § 2243(a))The defendant is charged in [Count _______ of] the indictment with sexual abuse of a minor in violation of Section 2243(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge the government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly engaged in a sexual act with [victim]; Second, [victim] had reached the age of twelve years but had not yet reached the age of sixteen years; Third, [victim] was at least four years younger than the defendant; and Fourth, the offense was committed [location stated in indictment]. In this case, "sexual act" means [sexual act definition].

8.150 SEXUAL EXPLOITATION OF CHILD (18 U.S.C. § 2251(a))

The defendant is charged in [Count _______ of] the indictment with sexual exploitation of a child in violation of Section 2251(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, at the time, [victim] was under the age of eighteen years; Second, the defendant: a) [employed] [used] [persuaded] [coerced] [victim] to take part in sexually explicit conduct for the purpose of producing a [e.g., video tape] of such conduct; or b) had [victim] assist any other person to engage in sexually explicit conduct; or c) transported [victim] [across state lines] [in foreign commerce] [in any Territory or Possession of the United States] with the intent that [name of victim] engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct; and Third: a) the defendant knew or had reason to know that such visual depiction [e.g., video tape] would be mailed or transported across state lines or in foreign commerce; or b) the visual depiction was produced using materials that had been mailed, shipped, or transported across state lines or in foreign commerce; or c) the visual depiction was mailed or actually transported across state lines or in foreign commerce. In this case, "sexually explicit conduct" means [sexually explicit conduct definition]. In this case, "producing" means [producing definition].

8.153 SEXUAL EXPLOITATION OF CHILD–TRANSPORTATION OF CHILD PORNOGRAPHY (18 U.S.C. § 2252(a)(1))The defendant is charged in [Count of] the indictment with [shipping] [transporting] child pornography in violation of Section 2252(a)(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, that the defendant knowingly [transported] [shipped] a visual depiction in interstate commerce by any means, including a computer; Second, that the production of such visual depiction involved the use of a minor engaging in sexually explicit conduct; Third, that such visual depiction was of a minor engaged in sexually explicit conduct; Fourth, that the defendant knew that such visual depiction was of sexually explicit conduct; andFifth, the defendant knew that at least one of the persons engaged in sexually explicit conduct in such visual depiction was a minor.

8.154 SEXUAL EXPLOITATION OF CHILD–POSSESSION OF CHILD PORNOGRAPHY(18 U.S.C. § 2252(a)(4)(B))The defendant is charged in [Count of] the indictment with possession of child pornography in violation of Section 2252(a)(4)(B) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, that the defendant knowingly possessed [books] [magazines] [periodicals] [films] [video tapes] [matters] which the defendant knew contained [a] visual depiction[s] of [a] minor[s] engaged in sexually explicit conduct; Second, the defendant knew [each] [the] visual depiction contained in the [[books] [magazines] [periodicals] [films] [video tapes] [matters]] [[was of] [showed]] [a] minor[s] engaged in sexually explicit conduct;Third, the defendant knew that production of such [a] visual depiction[s] involved use of a minor in sexually explicit conduct; and Fourth, that [each] [the] visual depiction had been either a) [mailed] [shipped] [transported] in interstate or foreign commerce, or b) produced using material that had been [mailed] [shipped] [transported] in interstate or foreign commerce [by computer [or other means]]. "Visual depiction" includes undeveloped film and video tape, and data that has been stored on computer disk or data that has been stored by electronic means and that is capable of conversion into a visual image. A "minor" is any person under the age of 18 years. "Sexually explicit conduct" means actual or simulated sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person. Producing" means producing, directing, manufacturing, issuing, publishing, or advertising.

8.166 FALSELY MADE IMMIGRATION DOCUMENT (18 U.S.C. § 1546(a))

The defendant is charged in [Count ____ of] the indictment with fraud in the [use] [misuse] of an immigration document in violation of Section 1546(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of the charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant [forged] [counterfeited] [altered] [falsely made] an [immigrant] [nonimmigrant] [visa] [permit] [border crossing card] [alien registration receipt card] [other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States]; and Second, the defendant acted knowingly.

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