11th Cir. Pattern Jury Instr. (Criminal) O119

Concealed Weapon or Explosive Device

49 U.S.C. § 46505(b)

It’s a Federal crime to attempt to either (1) board an aircraft involved in air

transportation while carrying a concealed deadly or dangerous weapon, or (2) have

an explosive placed aboard an aircraft involved in air transportation.

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

facts are proved beyond a reasonable doubt:

(1) the Defendant attempted to board an aircraft;

(2) the Defendant knowingly [had on or about [his] [her] person a

concealed dangerous weapon that [he] [she] could have reached in

flight if [he] [she] had boarded the aircraft] [attempted to have an

explosive device placed aboard the aircraft]. [and]

[(3) the Defendant acted willfully and with reckless disregard for the

safety of human life.]

To “attempt” an act means to knowingly take some substantial step toward

accomplishing the act so the act will occur unless interrupted or frustrated by some

event or condition.

An item is “concealed” if it is hidden from ordinary view.

The term “willfully” means that the act was done voluntarily, for a bad

purpose, and in disregard of the law. A person did not have to know the specific

law or rule being violated, but must have acted with the intent to do something the

law forbids.

“Reckless disregard for the safety of human life” means more than mere

negligence or more than the failure to use reasonable care by the Defendant.

Instead, the Government must prove that the defendant acted with gross negligence

and with the knowledge that his or her conduct was a threat to the life of another or

with knowledge of such circumstances that would reasonably make it possible for

the Defendant to foresee the peril that his or her act m ight create for another

person.