11th Cir. Pattern Jury Instr. (Criminal) O120

or Naturalization Unlawfully

18 U.S.C. § 1425

It’s a Federal crime for any person to [(a) knowingly procure or attempt to

procure, contrary to law, the naturalization of any person, or documentary or

other evidence of naturalization or citizenship] or [(b) for himself or another

person not entitled thereto, to knowingly issue, procure, or obtain, or apply for or

otherwise attempt to procure or obtain naturalization, or citizenship, or a

declaration of intention to become a citizen, or a certificate of arrival or any

certificate or evidence of nationalization or citizenship, documentary or

otherwise, or duplicates or copies of any of the foregoing].

The Defendant can be found guilty of a violation of section 1425 (a), only if

all the following facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly [procured] [attempted to procure];

(2) contrary to law;

(3) the naturalization of any person, or documentary or other

evidence of naturalization or citizenship[.] [; and]

[(4) the Defendant did so [to facilitate an act of international

terrorism] [to facilitate a drug trafficking crime].]

The Defendant can be found guilty of a violation of section 1425 (b), only if

all of the following facts are proved beyond a reasonable doubt:

(1) the Defendant [for himself] [for another person not entitled

thereto] knowingly [issued, procured, obtained, applied for],

[attempted to procure or obtain] [naturalization or citizenship , or a

declaration of intention to become a citizen, or a certificate of arrival

or any certificate or evidence of nationalization or citizenship,

documentary or otherwise, or duplicate copies of the foregoing];

(2) [the Defendant is not entitled to naturalization or citizenship] [the

other person is not entitled to naturalization or citizenship]; and

(3) [the Defendant knows he or she is not entitled to naturalization

or citizenship]; [the Defendant knows the other person is not entitled

to naturalization or citizenship[.] [; and]

[(4) the Defendant did so [to facilitate an act of international

terrorism] [to facilitate a drug trafficking crime].]

[An “act of international terrorism” means (1) a criminal act that is

dangerous to human life, (2) appears to be intended to intimidate or coerce a

civilian population, or to influence the policy of a government by intimidation or

coercion, or to affect the conduct of a government by assassination or

kidnapping, and (3) occurs outside the United States or transcends national

boundaries in terms of the means by which it is accomplished, the persons

intended to be intimidated or coerced, or the locale in which the perpetrator

operates or seeks asylum.]

[A “drug trafficking crime” means any felony punishable under the

Controlled Substances Act, 21 U.S.C. §§ 801 et seq. , the Controlled Substances

Import and Export Act, 21 U.S.C. 951 et seq., or chapter 705 of title 46 of the

United States Code.]