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].

Acts that fall within the meaning of "sexual act" are listed in 18 USC 2246(2).

For a definition of "knowingly," see Instruction 5.6 (Knowingly–Defined).

Whether the crime alleged occurred at a particular location is a question of fact. Whether the location is within the special maritime and territorial jurisdiction of the United States or a federal prison is a question of law. See United States v. Gipe, 672 F.2d 777, 779 (9th Cir. 1982).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted 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 intended to [use force] [threaten or place [victim] in fear that some person would be subjected to death, serious bodily injury, or kidnapping] to cause [victim] to engage in a sexual act;

Second, the defendant did something that was a substantial step toward committing the crime of aggravated sexual abuse, with all of you agreeing as to what constituted the substantial step; and

Third, the offense was committed [location stated in indictment].

In this case "sexual act" means [sexual act definition].

Mere preparation is not a substantial step toward the commission of the crime of aggravated sexual abuse.

Acts that fall within the meaning of "sexual act" are listed in 18 USC 2246(2).

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

See Instruction 7.9 (Specific Issue Unanimity).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with aggravated sexual abuse in violation of Section 2241(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 knowingly administered a drug, intoxicant or other similar substance to [victim] [by force or threat of force] [without the knowledge or permission of [victim]];

Second, as a result, [victim]'s ability to judge or control conduct was substantially impaired;

Third, the defendant then engaged in a sexual act with [victim]; and

Fourth, the offense was committed [location stated in indictment].

In this case, "sexual act" means [sexual act definition].

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted aggravated sexual abuse in violation of Section 2241(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 intended to engage in a sexual act with [victim] after substantially impairing [victim]'s ability to judge or control conduct by administering a drug, intoxicant or other similar substance either by force or threat of force or without the knowledge or permission of [victim];

Second, the defendant did something that was a substantial step toward committing the crime of aggravated sexual abuse, with all of you agreeing as to what constituted the substantial step; and

Third, the offense was committed [location stated in indictment].

In this case, "sexual act" means [sexual act definition].

Mere preparation is not a substantial step toward the commission of the crime of aggravated sexual abuse.

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

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].

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted 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 intended to engage in a sexual act with [victim];

Second, [victim] was under the age of twelve years;

Third, 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; and

Fourth, the offense was committed [location stated in indictment].

In this case, "sexual act" means [sexual act definition].

Mere preparation is not a substantial step toward the commission of the crime of aggravated sexual abuse of a child.

See Comment to Instructions 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with sexual abuse in violation of Section 2242(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 caused [victim] to engage in a sexual act by threatening or placing [victim] in fear; and

Second, the offense was committed [location stated in indictment].

In this case, "sexual act" means [sexual act definition].

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

This instruction is appropriate when the defendant has placed the victim in fear of something other than death, serious bodily injury or kidnapping.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted sexual abuse in violation of Section 2242(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 intended to cause [victim] to engage in a sexual act by threatening or placing [victim] in fear;

Second, the defendant did something that was a substantial step toward committing the crime of sexual abuse, with all of you agreeing as to what constituted the substantial step; and

Third, the offense was committed [location stated in indictment].

In this case, "sexual act" means [sexual act definition].

Mere preparation is not a substantial step toward the commission of the crime of sexual abuse.

See Comment to Instructions 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

1 The defendant is charged in [Count _______ of] the indictment with sexual abuse in violation of Section 2242(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 knowingly engaged in a sexual act with [victim];

Second, [victim] was [incapable of appraising the nature of the conduct] [physically incapable of declining participation in, or communicating unwillingness to engage in that sexual act]; and

Third, the offense was committed [location stated in indictment].

In this case, "sexual act" means [sexual act definition].

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted sexual abuse in violation of Section 2242(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 intended to engage in a sexual act with a person who was [incapable of appraising the nature of the conduct] [physically incapable of declining participation in or communicating unwillingness to engage in that sexual act];

Second, the defendant did something that was a substantial step toward committing the crime of sexual abuse, with all of you agreeing as to what constituted the substantial step; and

Third, the offense was committed [location stated in indictment].

Mere preparation is not a substantial step toward the commission of the crime of sexual abuse.

In this case, "sexual act" means [sexual act definition].

See Comment to Instructions 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

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].

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted 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 intended to engage in a sexual act with [victim], who had reached the age of twelve years but had not reached the age of sixteen years;

Second, [victim] was at least four years younger than the defendant;

Third, 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; and

Fourth, the offense was committed [location stated in indictment].

Mere preparation is not a substantial step toward the commission of the crime of sexual abuse of a minor.

In this case, "sexual act" means [sexual act definition].

See Comment to Instructions 8.133 (Aggravated Sexual Abuse).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with sexual abuse of a person in official detention in violation of Section 2243(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 knowingly engaged in a sexual act with [victim];

Second, at the time, [victim] was in official detention at [special maritime and territorial jurisdiction of the United States or Federal prison]; and

Third, at the time [victim] was under the custodial, supervisory or disciplinary authority of the defendant.

In this case, "sexual act" means [sexual act definition].

In this case, "official detention" means [official detention definition].

See Comment to Instruction 8.133 (Aggravated Sexual Abuse).

"Official detention" is defined in 18 USC 2246(5).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with attempted sexual abuse of a person in official detention in violation of Section 2243(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 intended to engage in a sexual act with [victim], who at the time was in official detention at [special maritime and territorial jurisdiction of the United States or federal prison] and was under the custodial, supervisory, or disciplinary authority of the defendant; and

Second, 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 the commission of the crime of sexual abuse of a person in official detention.

In this case, "sexual act" means [sexual act definition].

In this case, "official detention" means [official detention definition].

See Comment to Instructions 8.133 (Aggravated Sexual Abuse).

For a definition of "Official detention," see 18 USC 2246(5).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The offenses defined in 18 USC 2241, 2242 and 2243 as sexual abuse become abusive sexual contact under 18 USC 2244 if there was not a "sexual act" but there was a "sexual contact." Those terms are defined in Sections 2246(2) and (3). Accordingly, when it is necessary to instruct a jury on abusive sexual contact, the appropriate sexual abuse instruction should be used with "a sexual contact" substituted for "a sexual act."

Section 2244 does not make it a crime to attempt a sexual contact.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with abusive sexual contact in violation of Section 2244(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 knowingly had sexual contact with [victim];

Second, the sexual contact was without [victim]'s permission; and

Third, the offense was committed [location stated in indictment].

In this case, "sexual contact" means [sexual contact definition].

Acts that fall within the meaning of "sexual contact" are listed in 18 USC 2246(3).

Whether the crime alleged occurred at a particular location is a question of fact. Whether the location is within the special maritime and territorial jurisdiction of the United States or a federal prison is a question of law. See United States v. Gipe, 672 F.2d 777, 779 (9th Cir. 1982).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

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].

The previous version of this instruction (Instruction 8.39.1) has been revised to reflect 1996 statutory changes to 18 USC 2251.

The term "sexually explicit conduct" is defined in 18 USC 2256(2).

The term "producing" is defined in 18 USC 2256(3).

Knowledge of the age of the minor victim is not an element of the offense. United States v. United States District Court, 858 F.2d 534 (9th Cir.1988). See also United States v. X–Citement Video, Inc., 513 U.S. 64, 76 n. 5 (1994) ("[P]roducers may be convicted under § 2251(a) without proof they had knowledge of age . . . ") (dicta). But see Instruction 8.155 (Defense of Reasonable Belief of Age).

Transportation in interstate or foreign commerce can be accomplished by any means, including by a computer. 18 USC 2251(b).

A defendant who simply possesses, transports, reproduces, or distributes child pornography does not sexually exploit a minor in violation of 18 USC 2251, even though the materials possessed, transported, reproduced, or distributed "involve" such sexual exploitation by the producer. See United States v. Kemmish, 120 F.3d 937, 942 (9th Cir. 1997).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with sexual exploitation of a child in violation of Section 2251(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, at the time, [victim] was under the age of eighteen years;

Second, the defendant was a [parent] [legal guardian] [person having custody or control] of [victim];

Third, the defendant knowingly permitted [victim] to:

a) engage in sexually explicit conduct; or

b) assist any other person to engage in sexually explicit conduct

for the purpose of producing a visual depiction [e.g., video tape] of such conduct; and

Fourth:

a) the defendant knew or had reason to know that the visual depiction [e.g., the 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 actually mailed or 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].

Acts that fall within the meaning of "sexually explicit conduct" are listed in 18 USC 2256(2).

Acts that fall within the meaning of "producing" are listed in 18 USC 2256(3).

Transportation in interstate or foreign commerce can be accomplished by any means, including by a computer. 18 USC 2251(b).

A defendant who simply possesses, transports, reproduces, or distributes child pornography does not sexually exploit a minor in violation of 18 USC 2251, even though the materials possessed, transported, reproduced, or distributed "involve" such sexual exploitation by the producer. See United States v. Kemmish, 120 F.3d 937, 942 (9th Cir. 1997).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The indictment with sexual exploitation of a child in violation of Section 2251(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, at the time, [victim] was under the age of eighteen years;

Second, the defendant knowingly [made] [printed] [published] [caused to be made] [caused to be printed] [caused to be published] a [notice] [advertisement];

Third, the [[notice] [advertisement]] [[sought] [offered]] either:

a) to [receive] [exchange] [buy] [produce] [display] [distribute] [reproduce] any visual depiction [e.g. video tape], if the production of the visual depiction utilized [victim] engaging in sexually explicit conduct and such visual depiction is of such conduct; or

b) participation in any act of sexually explicit conduct [by] [with] [victim] for the purpose of producing a visual depiction of such conduct; and

Fourth, the defendant knew or had reasons to know the [notice] [advertisement] would be transported across state lines or mailed, or such [notice] [advertisement] was actually transported across state lines or mailed.

In this case, "sexually explicit conduct" means [sexually explicit conduct definition].

In this case, "producing" means [producing definition].

Acts that fall within the meaning of "sexually explicit conduct" are listed in 18 USC 2256(2).

Acts that fall within the meaning of "producing" are listed in 18 USC 2256(3).

A defendant who simply possesses, transports, reproduces, or distributes child pornography does not sexually exploit a minor in violation of 18 USC 2251, even though the materials possessed, transported, reproduced, or distributed "involve" such sexual exploitation by the producer. See United States v. Kemmish, 120 F.3d 937, 942 (9th Cir. 1997).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

8.153 Sexual Exploitation of Child–Transportation of Child Pornography

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; and

Fifth, the defendant knew that at least one of the persons engaged in sexually explicit conduct in such visual depiction was a minor.

Acts that fall within the meaning of "sexually explicit conduct" are listed in 18 USC 2256(2).

Acts that fall within the meaning of "producing" are listed in 18 USC 2256(3).

For a definition of "computer," see 18 USC 1030 and 2256(6).

For a definition of "visual depiction," see 18 USC 2256(5).

Although the term "knowingly" in the text of 18 USC 2252(a)(1) and (2) appears only to modify the act of transportation or shipment, the United States Supreme Court has held that the knowledge requirement also applies to the sexually explicit nature of the material as well as the minority status of the persons depicted. See United States v. X–Citement Video, Inc., 513 U.S. 64, 78 (1994).

Free Speech Coalition v. Reno, 198 F.3d 1083 (9th Cir. 1999), sets forth a legislative history of the various federal acts dealing with child pornography.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

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.

Prior to 1998, 18 USC 2252(a)(4) required the possession of at least three visual depictions before an offense had occurred. As part of the Protection of Children From Sexual Predators Act of 1998, Congress amended section 2252(a) to prohibit possession of one visual depiction. At the same time, Congress added 18 USC 2252(c), which provides an affirmative defense when, under certain circumstances, the defendant possessed "less than three matters containing any visual depiction." If such a defense has been raised, care should be taken in revising the instruction so that the jury is not confused.

The definitions of "minor," "sexually explicit conduct," "producing," and "visual depiction" are derived from 18 USC 2256(1), (2), (3) and (5), respectively. Interstate or foreign commerce is defined by 18 USC 10. "Matter" is a physical media capable of containing images such as a computer hard drive or disk. United States v. Lacey, 119 F.3d 742, 748 (9th Cir. 1997).

See Lacey, 119 F.3d at 748 (Jury instruction for possession of child pornography must include as an element whether defendant knew the "matter" in question contained unlawful visual depictions; such a depiction may be "produced" when a defendant downloads visual depictions from the internet).

Undeveloped film may constitute a "visual depiction," United States v. Smith, 795 F.2d 841 (9th Cir. 1986), as well as computer graphic interchange format (GIF) files from which pornographic images could be retrieved.  See United States v. Hockings, 129 F.3d 1069 (9th Cir. 1997).

Free Speech Coalition v. Reno, 198 F.3d 1083 (9th Cir. 1999), sets forth a legislative history of the various federal acts dealing with child pornography.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

It is a defense to a charge of sexual exploitation of a child that the defendant did not know, and could not reasonably have learned, that the child was under 18 years of age.

The defendant has the burden of proving by clear and convincing evidence—that is, that it is highly probable—that the defendant did not know and could not reasonably have learned that [victim] was under 18 years of age.

If you find by clear and convincing evidence that the defendant did not know and could not reasonably have learned that the child was under 18 years of age, you must find the defendant not guilty of the charge of sexual exploitation of a child.

Although the statute is silent on whether reasonable mistake of age may serve as an affirmative defense, the Ninth Circuit has held that the defense is required by the First Amendment. United States v. United States District Court, 858 F.2d 534, 540-42 (9th Cir.1988).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with interstate transportation of a stolen [motor vehicle] [aircraft] in violation of Section 2312 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 moved a stolen [motor vehicle] [aircraft] from one state to another;

Second, the defendant knew it was stolen at the time the [vehicle] [aircraft] moved across state lines; and

Third, the defendant intended to deprive the owner of the [vehicle] [aircraft] of its use temporarily or permanently.

The word "stolen" means taken without the owner's consent with the intent to deprive the owner of the use of the [vehicle] [aircraft].

[It is not necessary that the taking of the [vehicle] [aircraft] be unlawful. Even if possession is lawfully acquired, the [vehicle] [aircraft] will be deemed "stolen" if the defendant thereafter forms the intent to deprive the owner of the rights and benefits of ownership, and keeps the [vehicle] [aircraft] for the defendant's own use.]

The elements of this crime are stated in United States v. Albuquerque, 538 F.2d 277, 278 (9th Cir.1976).

The defendant must have had the intent to permanently or temporarily deprive the owner of the rights and benefits of ownership. Jones v. United States, 378 F.2d 340, 340 (9th Cir.1967).

Where a person lawfully obtains possession of a motor vehicle and later forms an intention to convert it to that person's own use, and in furtherance of that intention transports it across state boundaries, a violation of the statute has occurred. United States v. Miles, 472 F.2d 1145, 1146 (8th Cir.), cert. denied, 412 U.S. 907 (1973).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with [receiving] [possessing] [concealing] [storing] [bartering] [selling] [disposing of] a stolen [motor vehicle] [aircraft] in violation of Section 2313 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] [possessed] [concealed] [stored] [bartered] [sold] [disposed of] stolen [motor vehicle] [aircraft] which was in interstate commerce; and

Second, at the time, the defendant knew that the [motor vehicle] [aircraft] had been stolen.

Something is in interstate commerce if its movement begins in one state and continues into another state.

A movement becomes interstate when the property comes into the possession of anyone who is helping to move it from one state to another and continues until the property is delivered to its destination.

The government is not required to prove who stole the [motor vehicle] [aircraft].

Section 2313 of Title 18 relates to the receipt or sale of stolen motor vehicles and aircraft. Unlike Section 2315, which relates to the receipt or sale of stolen money, securities or other property, Section 2313 does not have a requirement that the property be worth more than $5,000.

The defendant's knowledge that the stolen property was moving in interstate commerce is not an element of the offense. United States v. Muncy, 526 F.2d 1261, 1263 (5th Cir.1976).

The time a stolen object remains in the destination state may indicate it has left interstate commerce, but other factors may negate this inference. For example, if a stolen item is concealed so that it may "cool off," the concealment is an integral part of the movement in interstate commerce rather than a break in it. United States v. Tobin, 576 F.2d 687, 693 (5th Cir.), cert. denied, 439 U.S. 1051 (1978).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with interstate transportation of stolen property in violation of Section 2314 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 [moved] [caused] stolen money or property worth at least $5,000 [to be moved] from one state to another;

Second, at the time the money or property crossed state lines, the defendant knew it was stolen; and

Third, the defendant intended to deprive the owner of the use of the money or property temporarily or permanently.

It is not necessary to prove who stole the money or property.

The government need not show by direct evidence that the property was stolen. United States v. Drebin, 557 F.2d 1316, 1328 (9th Cir.1977), cert. denied, 436 U.S. 904 (1978).

In United States v. Albuquerque, 538 F.2d 277, 278 (9th Cir.1976), it was held that one of the elements of the offense of interstate transportation of a stolen vehicle was that the defendant intended to permanently or temporarily deprive the owner of ownership.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with [receiving] [possessing] [concealing] [storing] [bartering] [selling] [disposing of] [pledging as security] [accepting as security] stolen [stolen property] in violation of Section 2315 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] [possessed] [concealed] [stored] [bartered] [sold] [disposed of] stolen [[stolen property]] [[worth $5,000 or more]] which was in interstate commerce; and

Second, at the time, the defendant knew that the [stolen property] had been stolen.

Something is in interstate commerce if its movement begins in one state and continues into another state.

A movement becomes interstate when the property comes into the possession of anyone who is helping to move it from one state to another and continues until the property is delivered to its destination.

The government is not required to prove who stole the property.

Section 2315 of Title 18 relates to the receipt or sale of stolen money, securities or other property. Unlike Section 2313, which relates to the receipt or sale of stolen motor vehicles and aircraft, Section 2315 has a requirement in the case of stolen merchandise, securities or money that such property be worth more than $5,000.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

CIRCUIT MODEL INSTRUCTIONS 2000

The foregoing instructions applies only to 18 U.S.C. § 2422(a).

Both 18 U.S.C. § 2422(a) and (b) use the common terms "persuade," "induce," and "entice." Those terms "have plain and ordinary meanings within the statute, and [a] court [has] no obligation to provide further definitions." See United States v. Dhingra, 371 F.3d 557, 567 (9th Cir.2004). (Dhingra involved a prosecution under 18 U.S.C. § 2422(b).)

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with transporting a minor with intent that [he] [she] engage in prostitution in violation of Section 2423 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 transported [victim] from _______ to _______;

Second, the defendant did so with the intent that [victim] engage in prostitution; and

Third, [victim] was under the age of eighteen years at the time.

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2000 Version

The defendant is charged in [Count _______ of] the indictment with transporting a minor with intent that [he] [she] engage in prostitution in violation of Section 2423 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 transported [victim] from _______ to _______;

Second, the defendant did so with the intent that [victim] engage in prostitution; and

Third, [victim] was under the age of eighteen years at the time.

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with failure to appear in violation of Section 3146(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 released from custody with the requirement to appear in court or before a judicial officer on [date];

Second, the defendant knew of this required appearance; and

Third, the defendant intentionally failed to appear as required.

"A deliberate decision to disobey the law cannot be found beyond a reasonable doubt merely from nonappearance and notice of obligation to appear." United States v. Wilson, 631 F.2d 118, 119 (9th Cir.1980).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

The defendant is charged in [Count _______ of] the indictment with failure to surrender in violation of Section 3146(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 sentenced to a term of imprisonment;

Second, the defendant was ordered to surrender for service of the sentence on [date];

Third, the defendant knew of the order to surrender; and

Fourth, the defendant intentionally failed to surrender as ordered.

See Comment following Instruction 8.163 (Failure to Appear).

9^TH CIRCUIT MODEL INSTRUCTIONS 2000

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 that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly [uttered] [used] [attempted to use] [possessed] [obtained] [accepted] [received] 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 knew the document [was procured by means of any false claim or statement] or [to have been otherwise procured by fraud] or [unlawfully obtained].]

or [the defendant knew the document was [forged] [counterfeited] [altered] [falsely made].]

Only documents whose primary purpose is to facilitate entry into the country are included within the purview of "document[s] required for entry into the United States." United States v. Campos-Serrano, 404 U.S. 293, 299 (1971).

Mistake or ignorance of the law is no defense to a charge of "knowingly . . . accept[ing], or receiv[ing]" forged documents in violation of 18 USC 1546(a). United States v. De Cruz, 82 F.3d 856, 867 (9th Cir. 1996).

"Uttered" is a word that the court may wish to define for the jury. In this context, the word "utter" is defined as "to put or send a document into circulation." Black’s Law Dictionary 1545 (7th ed. 1999).

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 that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly [uttered] [used] [attempted to use] [possessed] [obtained] [accepted] [received] 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 knew the document [was procured by means of any false claim or statement] or [to have been otherwise procured by fraud] or [unlawfully obtained].]
or [the defendant knew the document was [forged] [counterfeited] [altered] [falsely made].]

Added 2/2003