11th Cir. Pattern Jury Instr. (Criminal) O28

18 U.S.C. § 844(i)

It’s a Federal crime to [attempt to] maliciously damage or destroy by fire or

explosive any building, vehicle, or any other real or personal property used in

interstate or foreign commerce or affecting interstate or foreign commerce.

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

facts are proven beyond a reasonable doubt:

(1) the Defendant [damaged] [destroyed] [attempted to damage or

destroy] the [building] [vehicle] [other real or personal property]

described in the indictment by means of [a fire] [an explosive];

(2) the Defendant acted intentionally or with deliberate disregard of

the likelihood that damage or injury would result from [his] [her]

acts; and

(3) the [building] [vehicle] [other real or personal property] that the

Defendant [damaged] [destroyed] [attempted to damage or

destroy] was used [in interstate or foreign commerce] [in activity

affecting foreign or interstate commerce].

“Interstate or foreign commerce” is trade and other business activity

between people and entities located in different states or between people and

entities located in the United States and outside of the United States. The

Government must prove that the property was actually used for a function that

involved or affected interstate or foreign commerce.