10th Cir. Crim. Pattern Jury Instr. 2.03

8 U.S.C. § 1324(a)(1)(A)(ii)

The defendant is charged in count ————— with a violation

of 8 U.S.C. section 1324(a)(1)(A)(ii).

This law makes it a crime to illegally transport an alien. An

alien is a person who is not a citizen or national of the United

States.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the alien entered or remained in the United States

unlawfully, or was present in the United States in violation of law;

Second: the defendant knew, or recklessly disregarded the

fact, that the alien was not lawfully in the United States; and

Third: the defendant [transported or moved] [attempted to

transport or move] the alien within the United States intending to

help [him/her] remain in the United States illegally in furtherance

of the alien’s violation of law.

When determining whether the defendant intended to help

the alien remain in the United States illegally, the jury should

consider all relevant evidence including the time of the trip, place,

distance of the intended trip, reason for the trip, the overall impact

of the trip and the defendant’s role.

“Reckless disregard” means deliberate indifference to facts

which, if considered and weighed in a reasonable manner, indicate

the highest probability that the alleged aliens were in fact aliens

and were in the United States unlawfully.