10th Cir. Crim. Pattern Jury Instr. 2.52.1

MURDER) 18 U.S.C. § 1111

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

violation of 18 U.S.C. section 1111.

This law makes it a crime to unlawfully kill a human being

in the course of committing [name of crime].

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 be

convinced that the government has proved beyond a reasonable

doubt:

First: the defendant caused the death of the victim named in

the indictment;

Second: the death of the victim occurred as a consequence of,

and while the defendant was engaged in committing or attempting

to commit [the specified felony];

Third: the killing took place within the [territorial] [special

maritime] jurisdiction of the United States.

The crime charged here is known as first degree felony

murder. This means a killing that occurs during the knowing and

willful commission of some other specified felony offense. It is not

necessary, therefore, for the government to prove that the

defendant had any premeditated design or intent to kill the victim.

It is sufficient if the government proves beyond a reasonable doubt

that the defendant knowingly and willfully committed or

attempted to commit the crime as charged in the indictment, and

that the kil ling of the victim occurred during, and as a

consequence of, the defendant’s commission of or attempt to

commit that crime.

You are instructed that the alleged murder occurred within

the [territorial] [special maritime] jurisdiction of the United

States, if you find beyond a reasonable doubt that such offense

occurred in the location described in the indictment.