10th Cir. Crim. Pattern Jury Instr. 2.66

COURT OR GRAND JURY 18 U.S.C. § 1623(a)

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

of 18 U.S.C. section 1623(a).

This law makes it a crime for anyone under oath to make a

false material statement in a [name proceeding] before any United

States court or grand jury.

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 made the statement while under oath in

a [name proceeding] as charged;

Second: such statement was false in one or more of the

respects charged;

Third: the defendant knew such statement was false when

defendant made it; and

Fourth: the false statement was material to the [name

proceeding].

To be material, a false statement must have a natural

tendency to influence, or be capable of influencing, the decision

required to be made. The statement need not actually have

influenced the decision so long as it had the potential or capability

of doing so.

In reviewing the statement alleged to be false, you should

consider such statement in the context of the sequence of

questions asked and answers given. You should give the words

used their common and ordinary meaning unless the context

clearly shows that a different meaning was mutually understood

by the questioner and the declarant.

I f y o u fi n d a p a r t i c u l a r q u e s t i o n w a s ambiguous and the

defendant truthfully answered one reasonable interpretation of the

question under the circumstances presented, then such answer

would not be false. Similarly, if you find the question was clear but

the answer was ambiguous, and one reason able interpretation of

such answer would be truthful, then such answer would not be

false.

PATTERN CRIMINAL JURY INSTRUCTIONS

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