11th Cir. Pattern Jury Instr. (Criminal) O71

18 U.S.C. § 1952(a)(3)

It’s a Federal crime for anyone to travel in [interstate] [foreign] commerce in

order to carry on certain unlawful activities.

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

facts are proved beyond a reasonable doubt:

(1) the Defendant traveled in [interstate] [foreign] commerce on or

about the dates and between the places described in the

indictment;

(2) the Defendant traveled with the specific intent to promote,

manage, establish or carry on an unlawful activity; and

(3) while traveling, the Defendant knowingly committed an act to

promote, manage, establish, or carry on an unlawful activity.

[The term “interstate commerce” means travel, transportation, or movement

between one state and another state.]

[The term “foreign commerce” means travel, transportation, or movement

between some place within the United States and some place outside the United

States.]

The Government must prove that the Defendant traveled in [interstate

commerce] [foreign commerce] and specifically intended to promote, manage,

establish, or carry on an unlawful activity. But the Government does not have to

prove that the unlawful activity was the only or even primary reason the Defendant

traveled.

“Unlawful activity” includes any business enterprise involving [describe the

unlawful activity, e.g., gambling that violates a state law where it takes place].

[Under [state’s name] law [quote description of unlawful conduct] is

unlawful.]

A “business enterprise” is a continuous course of conduct or series of

transactions to make a profit, not a casual, sporadic, or isolated activity. For this

crime, the term includes illegal activities. It doesn’t matter whether the illegal

activity lasted for a particular length of time or was or was not the Defendant’s

primary occupation. What the Government must prove beyond a reasonable doubt

is that the Defendant was involved in a business enterprise, as just defined, rather

than casual, sporadic, or isolated activities.

The crime charged is traveling in [interstate commerce] [foreign commerce]

with the intent to promote, manage, establish, and carry on an unlawful activity.

The statute lists various ways or methods that violate the law. So if you find

beyond a reasonable doubt that any one method or way of violating the law

occurred, that’s sufficient. But you must all agree on the particular way involved.