10th Cir. Crim. Pattern Jury Instr. 2.51

18 U.S.C. § 1084

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

of 18 U.S.C. section 1084.

This law makes it a crime for anyone engaged in the business

of betting or wagering to transmit bets or wagers in 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 was engaged in the business of betting or

wagering;

Second: the defendant regularly devoted time, attention and

labor to betting or wagering for profit;

Third: the defendant knowingly used a wire communication

facility [to place bets or wagers on any sporting event or contest]

[to provide information to assist with the placing of bets or wagers]

[to inform someone that he or she had won a bet or wager and was

entitled to payment or credit]; and

Fourth: the transmission was made from one state to another

state or foreign country.