11th Cir. Pattern Jury Instr. (Criminal) O5.2

18 U.S.C. § 201(b)(2)

It’s a Federal crime for a public official to [demand or seek] [receive or

accept] [agree to receive or accept] a bribe.

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

facts are proved beyond a reasonable doubt:

(1) the Defendant was a public official;

(2) the Defendant [demanded or sought] [received or accepted]

[agreed to receive or accept] either personally or for another

person or entity, something of value; and

(3) the Defendant did so knowingly and corruptly in return for [being

influenced in the performance of an official act] [being influenced

to allow or make an opportunity for the commission of a fraud on

the United States] [being induced to violate the Defendant’s

lawful duty by failing to do some act].

Anyone holding the position of _______________, as described in the

indictment, would be a public official.

To qualify as an “official act,” the public official must have [made a

decision or taken an action] [agreed to make a decision or take an action] on a

question, matter, cause, suit, proceeding, or controversy. Further, the question,

matter, cause, suit, proceeding, or controversy must involve the formal exercise of

governmental power. It must be similar in nature to a lawsuit before a court, a

determination before an agency, or a hearing before a committee. It must also be

something specific which requires particular attention by a public official.

The public official’s [decision or action] [agreement to make a decision or

take an action] on that question, matter, cause, suit, proceeding, or controversy

may include using [his/her] official position to exert pressure on another official to

perform an official act, or to advise another official, knowing or intending that

such advice will form the basis for an official act by another official. But setting

up a meeting, talking to another official, or organizing an event (or agreeing to do

so) – without more – is not an official act.

[It is not necessary that the public official actually make a decision or take

an action. It is enough that [he/she] agrees to do so. The agreement need not be

explicit, and the public official need not specify the means [he/she] will use to

perform [his/her] end of the bargain. Nor must the public official in fact intend to

perform the official act, so long as [he/she] agrees to do so.]

To act “corruptly” means to act knowingly and dish onestly for a wrongful

purpose.