THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Unlawful Use Of Communications Facility (21 USC 843)
1. Unlawful Use Of Communications Facility: Elements
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Unlawful Use Of Communications Facility: Elements
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Title 21, United States Code, Section 843(b), makes it a separate federal crime or offense for anyone to knowingly use a communication facility in the process of committing, or "facilitating" the commission of, another offense in violation of Section 841(a)(1) such as the crime charged in count(s) ______.
The defendant can be found guilty of the offenses of unlawful use of a communication facility as charged in count(s) _____, only if all of the following facts are proved beyond a reasonable doubt:
First: that the defendant used a "communication facility," as charged;
Second: that the defendant used the communication facility while in the process of committing, or to "facilitate" the commission of, the offense charged in count(s) _____ of the indictment; and
Third: that the defendant acted knowingly and willfully.
The term "communication facility" includes all mail, telephone, wire and radio communication systems.
To "facilitate" the commission of a crime merely means to use a communication facility in a way which aids or assists the commission of the crime.
AUTHORITY:
Pattern Jury Instructions for the Eleventh Circuit (Criminal) (1985), No. OI 86 [formerly 61].
RELATED NCJIC MATERIALS:
See NCJIC Federal Model Instructions by Offense: 21 USC 843(b): Unlawful Use Of Communications Facility.