Proposed Mississippi Plain Language Model Jury Instructions - Criminal 4905

[Name of defendant] is charged in count ___ with committing or attempting to commit a

felony to benefit a streetgang.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in __________ County;

2. [Name of defendant] [committed/attempted to commit] ______________ [specify felony]:

A. [Elements of felony];

B. [Elements of felony]; and

C. [Elements of felony],

which was committed for the benefit of, at the direction of, or in association with a criminal

streetgang, intending to [promote/further/assist] in the [affairs/activities] of the criminal

streetgang,

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty of count _____.

Definition(s) in this Instruction:

In this instruction, “streetgang” means a group of three (3) or more people, with an

established order, who agree to and commit criminal activity.

In this instruction, “streetgang related activity” or “gang related activity” means any

criminal activity designed to (1) increase a streetgang's membership or control in a geographical

area; (2) get revenge for the streetgang or for a streetgang member; (3) provide the streetgang

with an advantage or control over a criminal market for controlled substances, the sale of stolen

property or stolen credit cards, prostitution, arson, robbery, armed robbery, burglary, or larceny;

(4) obstruct justice or intimidate or kill a witness against a streetgang or streetgang member; or

(5) cause a benefit, gain, or profit for the streetgang or its membership.