PATTERN CRIMINAL JURY INSTRUCTIONS
OF THE SEVENTH CIRCUIT
(2012 Ed.)
______
Prepared by
The Committee on Federal Criminal Jury Instructions
of the Seventh Circuit
1
INTRODUCTION
To:Judges and Criminal Law Practitioners of the District Courts of the Seventh Circuit
From:The Committee on Federal Criminal Jury Instructions of the Seventh Circuit
The Committee on Federal Criminal Jury Instructions of the Seventh Circuit is pleased to present the 2012 edition of this Circuit’s Pattern Criminal Jury Instructions, to be used in connection with criminal trials in the District Courts in the Seventh Circuit. These instructions and their accompanying commentary have been approved in principle by the Seventh Circuit Judicial Council. That means that, although they have not been approved for use in any specific case, the Council has authorized the publication of these Pattern Instructions as an aid to judges and lawyers practicing criminal law in those courts.
The instructions are presented in three sections. The initial section, entitled “General Instructions,” includes instructions generally applicable to the trial process, as well as instructions addressing common legal theories of liability and certain defense theories (including affirmative defenses). The second and much larger section, entitled “Statutory Instructions,” contains instructions tied to specific statutory provisions located in Title 18 and in other parts of the United States Code. This section is organized in order of statutory cite. Finally, the Committee has drafted a set of pattern preliminary instructions to be used at the outset of a criminal trial.
In drafting these instructions the Committee tried to continue the work of prior committees in reducing the use of legalisms, in order to produce instructions that will be as understandable as possible to lay jurors. The changes we have made in this respect reflect the experiences of the Committee’s members, comments we received and even some academic study of the efficacy of specific language. One example of this type of change is the use of the word “believability” in several instructions related to the jury’s evaluation of the testimony of witnesses. The word has in some instructions replaced more ungainly phrases like “truthfulness and accuracy” (which itself replaced the more technical-sounding “credibility” in the 1999 revision). In general the Committee has tried to reduce the number of words used in instructions, except where adding a word or phrase would make an instruction clearer.
Addressing a related concern, the Committee has also been mindful of the need to avoid giving juries instructions about issues that are unnecessary to their deliberations, as well as the need to avoid making simple concepts unnecessarily complex. We have tried to adhere to this principle on both a micro and macro level. For example, the 1999 revision eliminated the use of the word “expert” in the body of the instruction addressing opinion testimony (though it left it in the title) and replaced it with reference to a witness’ “specialized know-ledge or skill.” In an effort to further streamline the information being imparted to juries in this instruction, new instruction 3.13 now refers only to a witness giving “opinions and testimony” about certain subjects, while inviting the trial judge to specify what those subjects were. But some instructions turned out to need more information, rather than less. For example, the Committee has tried to follow the advice in United States v. Hill, 252 F.3d 919, 923 (7th Cir. 2001) concerning former (1999) pattern instruction 1.09, which ad-dressed the relative number of witnesses called by each side. Consistent with the view expressed in Hillthat instructions generally work better when they give the jury the reasons underlying their admonition, new instruction 2.04 now includes some explanation for why jurors need not give greater weight to the testimony of a larger number of witnesses over the testimony of a smaller number.
On a broader level, we also agree with the statement in Hill that “[u]nless it is necessary to give an instruction, it is necessary not to give it, so that the important instructions stand out and are remembered.” 252 F.3d at 923. While judges should not hesitate to instruct a jury on any issue it ought to know about to decide the case, we recommend against giving instructions that are not needed for that purpose. In particular, we advise against giving an instruction simply because the court sees no reason not to do so, in order to avoid diluting the impact of necessary instructions and potentially injecting unnecessary issues into the jury’s deliberations. Trial judges should have an affirmative and case-specific reason for giving any instruction, whether it is a pattern instruction or otherwise. As Hill points out, a set of pattern instructions “offers model instructions for occasions when they are appropriate but does not identify those occasions.” Id. Needless to say (although Hill also said it), no instruction should be given simply because it is included among these pattern instructions.
We commend to the users of these instructions the Committee Comments, which reflect a great deal of effort on the part of the Committee’s members and continue to be a valuable source of authority and general advice regarding when an instruction might or might not be given. That said, the Comments are not intended to be authoritative on such a question in and of themselves. Whether an instruction is appropriate for a given case is always a case-specific decision, and the Committee could not have had any specific case solely in mind in drafting or commenting on an instruction. Indeed, one of the principal values of the Comments is their citations of cases, which we hope will serve as useful and time-saving starting points, but not substitutes, for judges’ and lawyers’ own research and analysis on the issue of whether the relevant instruction is right for the case they are trying.
We also address several technical points. Regarding the gender of personal pronouns, the Committee has avoided as cumbersome supposedly gender-neutral forms such as “he/she” or “him/her.” With no chauvinism intended, we adopted masculine pronouns for general use, but judges using these instructions should of course feel free to use any pronoun forms appropriate for the particular case before them. Each pattern instruction has a title for the convenience of the judges and lawyers who will use them, but we recommend against including those titles in the instructions actually given to juries. We continue to recommend against reading the texts of statutes to juries. In several places we also continue to recommend against instructing on certain issues, including defining reasonable doubt. More often than in past editions, we recommend that judges adapt pattern instructions very specifically to the cases before them; for example, we advise in connection with several instructions that judges describe for jurors exactly what the “limited purpose” for admitting certain evidence was. And we continue to recommend that juries receive a copy or copies of the instructions for use during their deliberations.
The Committee is pleased to present these instructions, and hopes that they will be of material assistance to the judges and lawyers who practice criminal law in our Circuit.
general,Statutory, and preliminary instructions
TABLE OF CONTENTS
PAGE
INTRODUCTION
TABLE OF CONTENTS
GENERAL INSTRUCTIONS
1.01FUNCTIONS OF COURT AND JURY
1.02THE CHARGE
1.03PRESUMPTION OF INNOCENCE/BURDEN OF PROOF
1.04DEFINITION OF REASONABLE DOUBT
1.05DEFINITION OF CRIME CHARGED
1.06DEFINITION OF FELONY/MISDEMEANOR
1.07BILL OF PARTICULARS
2.01THE EVIDENCE
2.02CONSIDERING THE EVIDENCE
2.03DIRECT AND CIRCUMSTANTIAL EVIDENCE
2.04NUMBER OF WITNESSES
2.05DEFENDANT’S FAILURE TO TESTIFY OR PRESENT EVIDENCE
3.01CREDIBILITY OF WITNESSES
3.02ATTORNEY INTERVIEWING WITNESS
3.03PRIOR INCONSISTENT STATEMENTS
3.04PRIOR INCONSISTENT STATEMENT BY DEFENDANT
3.05WITNESSES REQUIRING SPECIAL CAUTION
3.06IMPEACHMENT BY PRIOR CONVICTION
3.07CHARACTER EVIDENCE REGARDING WITNESS
3.08CHARACTER EVIDENCE REGARDING DEFENDANT
3.09STATEMENT BY DEFENDANT
3.10DEFENDANT’S SILENCE IN THE FACE OF ACCUSATION
3.11EVIDENCE OF OTHER ACTS BY DEFENDANT
3.12IDENTIFICATION TESTIMONY
3.13OPINION TESTIMONY
3.14RECORDED CONVERSATIONS/TRANSCRIPTS
3.15FOREIGN LANGUAGE RECORDINGS/ ENGLISH TRANSCRIPTS
3.16SUMMARIES RECEIVED IN EVIDENCE
3.17DEMONSTRATIVE SUMMARIES/CHARTS NOT RECEIVED IN
EVIDENCE
3.18JUROR NOTE-TAKING
3.19GOVERNMENT INVESTIGATIVE TECHNIQUES
4.01ELEMENTS/BURDEN OF PROOF
4.02ELEMENTS/BURDEN OF PROOF IN CASE INVOLVING INSANITY
DEFENSE
4.03ELEMENTS/BURDEN OF PROOF IN CASE INVOLVING COERCION
DEFENSE
4.04UNANIMITY ON SPECIFIC ACTS
4.05DATE OF CRIME CHARGED
4.06SEPARATE CONSIDERATION – ONE DEFENDANT CHARGED WITH
MULTIPLE CRIMES
4.07SEPARATE CONSIDERATION – MULTIPLE DEFENDANTS CHARGED
WITH SAME OR MULTIPLE CRIME(S)
4.08PUNISHMENT
4.09ATTEMPT
4.10KNOWINGLY – DEFINITION
4.11WILLFULLY – DEFINITION
4.12SPECIFIC INTENT/GENERAL INTENT
4.13Definition of possession
4.14POSSESSION OF RECENTLY STOLEN PROPERTY
5.01RESPONSIBILITY
5.02PERSONAL RESPONSIBILITY OF CORPORATE AGENT
5.03ENTITY RESPONSIBILITY – ENTITY DEFENDANT – AGENCY
5.04ENTITY RESPONSIBILITY – ENTITY DEFENDANT – AGENCY
RATIFICATION
5.05JOINT VENTURE
5.06AIDING AND ABETTING/ACTING THROUGH ANOTHER
5.07PRESENCE/ACTIVITY/ASSOCIATION
5.08(A)CONSPIRACY – Overt act required
5.08(B)CONSPIRACY – no overt act required
5.09CONSPIRACY – definition of conspiracy
5.10CONSPIRACY – membership in conspiracy
5.10(A)BUYER/SELLER RELATIONSHIP
5.10(B)SINGLE CONSPIRACY VS. MULTIPLE CONSPIRACIES
5.11CONSPIRATOR’S LIABILITY FOR SUBSTANTIVE CRIMES
COMMITTED BY CO-CONSPIRATORS WHERE CONSPIRACY
CHARGED – ELEMENTS
5.12CONSPIRATOR’S LIABILITY FOR SUBSTANTIVE CRIMES
COMMITTED BY CO-CONSPIRATORS; CONSPIRACY NOT
CHARGED IN THE INDICTMENT – ELEMENTS
5.13CONSPIRACY – WITHDRAWAL
5.14(A)CONSPIRACY – WITHDRAWAL – STATUTE OF LIMITATIONS –
ELEMENTS
5.14(B)CONSPIRACY – WITHDRAWAL – STATUTE OF LIMITATIONS --
DEFINITION
6.01SELF DEFENSE/DEFENSE OF OTHERS
6.02INSANITY
6.03DEFENDANT’S PRESENCE
6.04ENTRAPMENT – ELEMENTS
6.05ENTRAPMENT – FACTORS
6.06RELIANCE ON PUBLIC AUTHORITY
6.07ENTRAPMENT BY ESTOPPEL
6.08COERCION/DURESS
6.09VOLUNTARY INTOXICATION
6.10GOOD FAITH – FRaud/false statements/
misrepresentations
6.11GOOD FAITH: TAX AND OTHER TECHNICAL STATUTE CASES
6.12RELIANCE ON ADVICE OF COUNSEL
7.01JURY DELIBERATIONS
7.02VERDICT FORM
7.03UNANIMITY/DISAGREEMENT AMONG JURORS
statutory instructions
7 U.S.C. § 2024(b) unauthorized acquisition of food stamps –
elements
7 U.S.C. § 2024(b) Definition of “contrary to law”
8 U.S.C. § 1324a(a)(1)(A) UNLAWFUL EMPLOYMENT – ELEMENTS
8 U.S.C. § 1324(a)(1)(A)(i) BRINGING ALIEN TO THE UNITED STATES OTHER
THAN AT DESIGNATED PLACE – ELEMENTS
8 U.S.C. § 1324(a)(1)(A)(ii) ALIEN TRANSPORTATION – ELEMENTS
8 U.S.C. § 1324(a)(1)(A)(iii) CONCEALING OR HARBORING ALIENS – ELEMENTS
8 U.S.C. § 1324(a)(1)(A)(iv) ENCOURAGING ILLEGAL ENTRY – ELEMENTS
8 U.S.C. § 1324(a)(2)(B)(ii) BRINGING ALIEN INTO UNITED STATES FOR
COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN –
ELEMENTS
8 U.S.C. § 1324(a)(2)(B)(iii) BRINGING ALIEN INTO UNITED STATES
WITHOUT IMMEDIATE PRESENTATION AT DESIGNATED
PORT OF ENTRY – ELEMENTS
8 U.S.C. § 1325(a)(1) ILLEGAL ENTRY – ELEMENTS
8 U.S.C. § 1325(a)(2) ELUDING EXAMINATION OR INSPECTION – ELEMENTS
8 U.S.C. § 1325(a)(3) ENTRY BY FALSE OR MISLEADING REPRESENTATION –
ELEMENTS
8 U.S.C. § 1325(c) MARRIAGE FRAUD – ELEMENTS
8 U.S.C. § 1326(a) DEPORTED ALIEN FOUND IN UNITED STATES – ELEMENTS
8 U.S.C. § 1546(a) USE, POSSESSION OF IMMIGRATION DOCUMENT
PROCURED BY FRAUD – ELEMENTS
18 U.S.C. § 3 ACCESSORY AFTER THE FACT
18 U.S.C. § 152(1) Concealment of Property – Elements
18 U.S.C. § 152(1) Definition of Concealment
18 U.S.C. § 152(2) & (3) False Oath, False Declaration Under Penalty
of Perjury – Elements
18 U.S.C. § 152(2) & (3) False Declaration Under Penalty of Perjury –
Definition of Materiality
18 U.S.C. § 152(4) Presenting or Using a False Claim – Elements
18 U.S.C. § 152(6) Bribery – Elements
18 U.S.C. § 152(7) Concealment or Transfer of Assets in
Contemplation of Bankruptcy or With Intent to Defeat
the Provisions of the Bankruptcy Law – Elements
18 U.S.C. § 152(7) Definition of "In Contemplation of Bankruptcy
Proceeding”
18 U.S.C. § 152(7) Definition of "Transfer”
18 U.S.C. § 152(8) Destruction of Records; False Entries – Elements
18 U.S.C. § 152(9) Withholding Records – Elements
18 U.S.C. § 201 Giving a Bribe – Elements
18 U.S.C. §201 Intent to Influence
18 U.S.C. § 241 Elements
18 U.S.C. § 241 Definition of Constitutional Rights
18 U.S.C. § 241 Death
18 U.S.C. § 242 Deprivation of Rights Under Color of Law – Elements
18 U.S.C. § 242 Rights
18 U.S.C. § 242 Definition of Color of Law
18 U.S.C. § 242 Death
18 U.S.C. § 242 Bodily injury
18 U.S.C. § 286 Conspiracy to Defraud the Government with
Respect to Claims – Elements
18 U.S.C. § 287 False, Fictitious, or Fraudulent Claims – Elements
18 U.S.C. § 401 Criminal Contempt
18 U.S.C. § 402 Criminal Contempt
18 U.S.C. § 471 Falsely Making, Forging, Counterfeiting, or
Altering a Security or Obligation – Elements
18 U.S.C. § 472 Uttering Counterfeit Obligations or Securities –
Elements
18 U.S.C. § 473 Dealing in Counterfeit Obligations or Securities –
Elements
18 U.S.C. § 495 Falsely Making, Forging, Counterfeiting, or Altering
a Document – Elements
18 U.S.C. § 495 Uttering or Publishing a False Document – Elements
18 U.S.C. § 495 Presenting a False Document – Elements
18 U.S.C. § 500 Falsely Making, Forging, Counterfeiting, Engraving,
or Printing a Money Order – Elements
18 U.S.C. § 500 Forging or Counterfeiting a Signature or Initials
of Any Person Authorized to Issue a MOney Order,
Postal Note, or Blank – Elements
18 U.S.C. § 500 Forging or Counterfeiting a Signature or
Endorsement on a Money Order, Postal Note, or Blank –
Elements
18 U.S.C. § 500 Forging or Counterfeiting a Signature on a Receipt
or Certificate of Identification – Elements
18 U.S.C. § 500 Falsely Altering a Money Order or Postal Note –
Elements
18 U.S.C. § 500 Passing, Uttering, or Publishing Forged or
Altered Money Orders or Postal Notes – Elements
18 U.S.C. § 500 Fraudulently Issuing a Money Order or Postal
Note – Elements
18 U.S.C. § 500 Theft of A Money Order – Elements
18 U.S.C. § 500 Receipt or Possession of a Stolen Money Order –
Elements
18 U.S.C. § 500 False Presentment of a Money Order or Postal Note –
Elements
18 U.S.C. § 500 Theft or Receipt of a Money Order Machine or
Instrument – Elements
18 U.S.C. § 500 Definition of “Material”
18 U.S.C. § 500 Definition of “Material Alteration”
18 U.S.C. § 511 Altering or Removing Vehicle Identification Numbers
18 U.S.C. § 542 Entry of Goods by Means of False Statements –
Whether or Not United States Shall or May Be Deprived
of Any Lawful Duties – Elements
18 U.S.C. § 542 Entry of Goods by Means of False Statements –
Definition of Fraudulent
18 U.S.C. § 542 Definition of Material
18 U.S.C. § 542 Entry of Goods by Means of False Statements –
Definition of Entry
18 U.S.C. § 542 Entry of Goods by Means of False Statements –
Definition of Imported Merchandise
18 U.S.C. § 542 Entry of Goods by Means of False Statements –
United States Has Been or May Have Been Deprived
of Any Lawful Duties – Elements
18 U.S.C. § 641 Theft of Government Property – Elements
18 U.S.C. § 641 Definition of “Value”
18 U.S.C. § 659 Embezzlement or Theft of Goods from Interstate
Shipment – Elements
18 U.S.C. § 659 Possession of Goods Stolen from Interstate
Shipment – Elements
18 U.S.C. §666(a)(1)(A) Theft concerning federally funded
program – Elements
18 U.S.C. § 666(a)(1)(A) Theft Concerning Federally Funded
Program – Elements
18 U.S.C. § 666(a)(1)(B) Bribery Concerning Federally Funded
Program – Elements
18 U.S.C. § 666(a)(1)(B) Accepting a Bribe
18 U.S.C. § 666(a)(2) Paying a Bribe
18 U.S.C. §666(c) Bona Fide Compensation
18 U.S.C. § 666 “Agent” – definition
18 U.S.C. §669(a) Health Care Theft/Embezzlement – Elements
18 U.S.C. § 669(a) Health Care Benefit Program/ Interstate
Commerce – Definition
18 U.S.C. § 751 Escape – Elements
18 U.S.C. § 842(a)(1) Importing, Manufacturing, or Dealing in
Explosive Materials without a License – Elements
18 U.S.C. § 842(a)(2) Withholding Information, Making a False
Statement, or Furnishing False Identification to
Obtain Explosive Materials – Elements
18 U.S.C. § 892 Extortionate extension of credit – Elements
18 U.S.C. § 892 Definition of “Debtor”
18 U.S.C. § 892 Definition of Understanding
18 U.S.C. § 894 Extortionate collection of debt – Elements
18 U.S.C. § 894 Definition of threat
18 U.S.C. § 911 REPRESENTATION OF CITIZENSHIP OF UNITED STATES –
ELEMENTS
18 U.S.C. § 922(a)(6) Making a False Statement or Furnishing False
Identification to a Licensed Firearms Importer,
Manufacturer, Dealer, or Collector in Connection
with the Acquisition of a Firearm or Ammunition –
Elements
18 U.S.C. § 922(d) (Sale or Transfer of a Firearm or Ammunition to a
Prohibited Person – Elements)
18 U.S.C. § 922(d) Definition of “Reasonable Cause TO Believe”
18 U.S.C. § 922(g) Unlawful Shipment or Transportation of a Firearm
or Ammunition by a Prohibited Person – Elements
18 U.S.C. § 922(g) Unlawful Possession or Receipt of a Firearm or
Ammunition by a Prohibited Person – Elements
18 U.S.C. § 922(g) Definitions of “In or Affecting Commerce” and “In
Interstate or Foreign Commerce”
18 U.S.C. § 922(g) Definition of “Possession”
18 U.S.C. § 922 Definition of “Ammunition”
18 U.S.C. § 924(c)(1)(A) Using or Carrying a Firearm During and In
Relation to a Crime of Violence or Drug Trafficking
Crime – Elements
18 U.S.C. § 924(c)(1)(A) USING OR CARRYING A FIREARM DURING AND IN
RELATION TO A CRIME OF VIOLENCE OR DRUG TRAFFICKING
CRIME – ACCOUNTABILITY THEORY ELEMENTS
18 U.S.C. § 924(c)(1)(A) Possession of a Firearm In Furtherance of
a Crime of Violence or Drug Trafficking Crime –
Elements
18 U.S.C. § 924(c)(1)(A) POSSESSION OF A FIREARM IN FURTHERANCE OF A
CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME –
ACCOUNTABILITY THEORY ELEMENTS
18 U.S.C. § 924(c) Definition of “Use”
18 U.S.C. § 924(c) Definition of “Carry”
18 U.S.C. § 924(c) Definition of “During”
18 U.S.C. § 924(c) Definition of “In Relation To”
18 U.S.C. § 924(c) Definition of “In Furtherance Of”
18 U.S.C. §§ 922 & 924 Definition of “Firearm”
18 U.S.C. §§ 922 & 924 Definition of “Antique Firearm”
18 U.S.C. § 982(a)(1) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(2) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(3) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(4) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(5) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(6) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(7) FORFEITURE INSTRUCTION
18 U.S.C. § 982(a)(8) FORFEITURE INSTRUCTION
NEXUS INSTRUCTION
DEFINITION OF FEDERAL HEALTH CARE OFFENSE
DEFINITION OF CONVEYANCE
PROPERTY SUBJECT TO FORFEITURE
18 U.S.C. § 981(a)(1)(A) FORFEITURE INSTRUCTION
18 U.S.C. § 981(a)(1)(C) FORFEITURE
18 U.S.C. § 981(a)(1)(G)(i –iii) FORFEITURE INSTRUCTION
18 U.S.C. § 981(a)(1)(G)(iv) FORFEITURE INSTRUCTION
18 U.S.C. § 981(a)(1)(H) FORFEITURE INSTRUCTION
18 U.S.C. § 981(a)(2) Definition Of “Proceeds”
Traceable to – Definition
18 U.S.C. § 1001 Concealing a Material Fact – Elements
18 U.S.C. § 1001 Making a False Statement or Representation –
Elements
18 U.S.C. § 1001 Making or Using a False Writing or Document –
Elements
18 U.S.C. § 1001 Definition of Scheme and Device
18 U.S.C. § 1001 Definition of False, Fictitious
18 U.S.C. § 1001 Definition of Fraudulent
18 U.S.C. § 1001 Definition of materiality
18 U.S.C. § 1001 Willfully – Definition
18 U.S.C. § 1001 Department or Agency
18 U.S.C. § 1005, para. 4 Fraudulently benefitting from a Loan by
a federally insured institution
18 U.S.C. § 1006 Insider fraud on a federally insured financial
institution
18 U.S.C. § 1007 False statements to influence the FDIC
18 U.S.C. § 1014 False statement to financial institution – Elements
18 U.S.C. § 1015(a) MAKING A FALSE STATEMENT IN AN IMMIGRATION
DOCUMENT – ELEMENTS
18 U.S.C. § 1015(b) FALSE DENIAL OF NATURALIZATION OR CITIZENSHIP –
ELEMENTS
18 U.S.C. § 1015(c) USE OF FRAUDULENT IMMIGRATION DOCUMENT –
ELEMENTS
18 U.S.C. § 1015(d) MAKING FALSE CERTIFICATE OF APPEARANCE –
ELEMENTS
18 U.S.C. § 1015(e) FALSE CLAIM OF CITIZENSHIP – ELEMENTS
18 U.S.C. § 1015(f) FALSE CLAIM OF CITIZENSHIP IN ORDER TO VOTE –
ELEMENTS
18 U.S.C. § 1028(a) Offenses and § 1028(b) Penalties
18 U.S.C. §1028(a)(1) Fraudulent Production of an Identification
Document, Authentication Feature, or False
Identification Document – Elements
18 U.S.C. 1028(a)(2) Fraudulent Transfer of an Identification
Document, Authentication Feature, or False
Identification Document – Elements
18 U.S.C. §1028(a)(3) Fraudulent Possession of Five or More
Identification Documents, Authentication Features,
or False Identification Documents – Elements
18 U.S.C. §1028(a)(4) Possession of an Identification Document,
Authentication Feature, or False Identification
Document with Intent to Defraud the United States –
Elements
18 U.S.C. §1028(a)(5) (Fraudulent Production, Transfer, or
Possession of a Document – Making Implement or
Authentication Feature – Elements)
18 U.S.C. §1028(a)(6) Possession of a Stolen Identification Document
or Authentication Feature – Elements
18 U.S.C. §1028(a)(7) Fraudulent Transfer, Possession, or Use of a
Means of Identification – Elements
18 U.S.C. §1028(a)(8) Trafficking in False or Actual Authentication
Features – Elements
18 U.S.C. § 1028 Penalty-Enhancing Instructions and Special
Verdict Forms
18 U.S.C. § 1028 Penalty-Enhancing Provisions Under § 1028(b)
18 U.S.C. § 1028 Special Verdict Form
18 U.S.C. §1028 Definitions
18 U.S.C. §1028(d)(1) Definition of “Authentication Feature”
18 U.S.C. § 1028(d)(2) Definition of “Document-Making Implement”
18 U.S.C. §1028(d)(3) Definition of “Identification Document”
18 U.S.C. §1028(d)(4) Definition of “False Identification Document”
18 U.S.C. § 1028(d)(5) Definition of “False Authentication Feature”
18 U.S.C. § 1028(d)(6) Definition of “Issuing Authority”
18 U.S.C. § 1028(d)(7) Definition of “Means of Identification”
18 U.S.C. § 1028(d)(8) Definition of “Personal Identification Card”
18 U.S.C. § 1028(d)(9) Definition of “Produce”
18 U.S.C. § 1028(d)(10) Definition of “Transfer”
18 U.S.C. § 1028(d)(11) Definition of “State”
18 U.S.C. § 1028(d)(12) Definition of “Traffic”
18 U.S.C. § 1028 Definition of “Lawful Authority”
18 U.S.C. § 1028 Definition of “Interstate or Foreign Commerce”
18 U.S.C. § 1028A Aggravated Identity Theft – Elements
18 U.S.C. § 1028A Definition of “In Relation To”
18 U.S.C. § 1029(a)(1) Production, Use or Trafficking in Counterfeit
Access Devices – Elements
18 U.S.C. § 1029(a)(2) Trafficking or Use of Unauthorized Access
Devices – Elements
18 U.S.C. § 1029(a)(3) Possession of Multiple Unauthorized or
Counterfeit Access Devices – Elements
18 U.S.C. § 1029(a)(4) Production, Trafficking and Possession of
Device-Making Equipment – Elements
18 U.S.C. § 1029(a)(5) Fraudulent Transactions With Another’s
Access Device – Elements
18 U.S.C. § 1029(a)(6) Solicitation to Sell Access Device or
Information Regarding an Access Device – Elements
18 U.S.C. § 1029(a)(7) Use, Production, Trafficking or Possession
of Modified Telecommunication Instrument – Elements
18 U.S.C. § 1029(a)(8) Use, Production, Trafficking or Possession
of a Scanning Receiver – Elements
18 U.S.C. § 1029(a)(9) Use, Production, Trafficking or Possession of
Hardware or Software Configured to Obtain
Telecommunication Services – Elements
18 U.S.C. § 1029(a)(10) Fraudulent Presentation of Evidence of
Payment by Access Device – ELements
18 U.S.C. § 1029 Access Device Fraud – Definitions
18 U.S.C. § 1029(e)(1) Definition of “Access Device”
18 U.S.C. § 1029(e)(2) Definition of “Counterfeit Access Device”
18 U.S.C. § 1029(e)(3) Definition of “Unauthorized Access Device”
18 U.S.C. § 1029(e)(4) Definition of “Produce”
18 U.S.C. § 1029(e)(5) Definition of “Traffic” or “Trafficking”
18 U.S.C. § 1029(e)(6) Definition of “Device-Making Equipment”
18 U.S.C. § 1029(e)(7) Definition of “Credit Card System Member”
18 U.S.C. § 1029(e)(8) Definition of “Scanning Receiver”
18 U.S.C. § 1029(e)(9) Definition of “Telecommunications Service”
18 U.S.C. § 1029(e)(11) Definition of “Telecommunication
Identifying Information”
18 U.S.C. § 1029 Definition of “Telecommunications Instrument”
18 U.S.C. § 1029 Definition of “Hardware”
18 U.S.C. § 1029 Definition of “Software”
18 U.S.C. § 1029 Definition of “Interstate or Foreign Commerce”
18 U.S.C. §§ 1029(b)(1) and (b)(2) Attempt and Conspiracy–Elements
18 U.S.C. § 1030(a)(1) Obtaining Information from Computer
Injurious to the United States – Elements
18 U.S.C. § 1030(a)(2)(A), (B), and (C) Obtaining Financial Information
by Unauthorized Access of a Computer – Elements
18 U.S.C. § 1030(a)(3) Accessing a Non-public Government Computer –
Elements
18 U.S.C. § 1030(a)(4) Computer Fraud Use by or for Financial
Institution or Government – Elements
18 U.S.C. § 1030(a)(5)(A) Transmission of Program to Intentionally
Cause Damage to a Computer – Elements
18 U.S.C. § 1030(a)(5)(B) Recklessly Causing Damage by Accessing a
Protected Computer – Elements
18 U.S.C. § 1030(a)(5)(C) Causing Damage and Loss by Accessing a
Protected Computer – Elements