11th Cir. Pattern Jury Instr. (Criminal) O105

Distilled Spirits

26 U.S.C. §§ 5604(a)(1) and 5301(d)

It’s a Federal crime to knowingly [transport] [possess] [buy] [sell] [transfer]

any distilled spirits unless the spirits’ immediate container has a closure showing

that it complies with the Internal Revenue laws.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly [transported] [possessed] [bought] [sold]

[transferred] distilled spirits; and

(2) the immediate containers of the distilled spirits didn’t bear a

closure or other device required by law.

A “closure or other device as required by law” means a closure such as a

seal that’s designed to require breaking in order to open the container and was

attached to the container when it was taken from bonded premises or from customs

custody.

[The indictment charges that the Defendant [transported] [and] [possessed]

[and] [bought] [and] [sold] [and] [transferred] distilled spirits in an unlawful

manner. The law specifies various ways in which the crime may occur. The

Government doesn’t have to prove that the Defendant broke the law in all of those

ways. It only has to prove beyond a reasonable doubt that the Defendant

[transported] [or] [possessed] [or] [bought] [or] [sold] [or] [transferred] distilled

spirits in an unlawful manner. But you must all agree on the way the Defendant

broke the law.]