10th Cir. Crim. Pattern Jury Instr. 2.49

18 U.S.C. § 1028(a)(3)

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

of 18 U.S.C. section 1028(a)(3).

This law makes it a crime for anyone to knowingly possess,

with intent to transfer unlawfully, five or more false identification

documents. Possession must be in or affect interstate or foreign

commerce.

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 defendant possessed fi ve or more false

identification documents;

Second: the defendant did so knowingly, with the intent to use

unlawfully or transfer unlawfully the false identification

documents; and

Third: the defendant’s possession of the false identification

documents was in or affected interstate or foreign commerce.

The intent to transfer false identification documents

unlawfully is the intent to sell, pledge, distribute, give, loan, or

otherwise transfer false identification documents in a manner that

would violate one or more federal, state, or local laws.

A “false identification document” means a document of a type

that is commonly accepted to identify individuals, that is not

issued by or under the authority of a governmental entity. It also

includes a document that was issued under the authority of a

governmental entity but was subsequently altered for purposes of

deceit but appears to be issued by or under the authority of [the

United States] [a State or a political subdivision of a State].