11th Cir. Pattern Jury Instr. (Criminal) O84

Chemical or Radioactive or Nuclear Materials

18 U.S.C. § 2283(a)

It’s a Federal crime to knowingly transport aboard any vessel [within the

Admiralty and Maritime jurisdiction of the United States] [outside the United

States and on the high seas] an explosive or incendiary device, a biological agent, a

chemical weapon, or radioactive or nuclear material, knowing that the item is

intended to be used to commit [the offense of: specify offense(s) listed in 18

U.S.C. § 2332b(g)(5)(B), e.g., act of terrorism transcending national boundaries as

defined in 18 U.S.C. § 2332b].

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

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly transported [an explosive or incendiary

device] [a biological agent] [a chemical weapon] [radioactive or

nuclear material];

(2) the Defendant transported the [explosive or incendiary device]

[biological agent] [chemical weapon] [radioactive or nuclear

material] aboard a vessel [within the United States and on waters

subject to the jurisdiction of the United States] [outside the United

States and on the high seas]; and

(3) the Defendant knew that the [explosive or incendiary device]

[biological agent] [chemical weapon] [radioactive or nuclear

material] was intended to be used to commit [the offense of:

specify offense listed in 18 U.S.C. § 2332b(g)(5)(B)].

The term “vessel” means any watercraft or other contrivance used or

designed for transportation or navigation on, under, or immediately above water.

[The term “biological agent” means any biological agent, toxin, or vector,

including [a biological agent, such as a bacteria capable of causing death or disease

in a human, animal, plant, or other living organism]].

[The term “chemical weapon” means [a munition or device specifically

designed to cause death or other harm by using a toxic chemical that would be

released when the munition or device was used]].

[The term “explosive or incendiary device” means [any explosive bomb,

grenade, missile or similar device]].

[The term “nuclear material” means material containing any plutonium,

uranium, enriched uranium, or uranium 233. It does not include uranium in the

form of ore or ore residue that contains the mixture of isotopes as occurring in

nature.]

[The term “radioactive material” includes [source material such as [uranium,

thorium, etc.] and special nuclear material such as [plutonium, uranium 233, etc.],

but does not include natural or depleted uranium] [nuclear by- product material

such as [the tailings or wastes produced by extracting or concentrating uranium

from any ore processed primarily for the uranium content]] [material that was

made radioactive by bombardment in an accelerator] [all refined isotopes of

radium]].

If you find beyond a reasonable doubt that the vessel was in the location

alleged and described in the indictment, you are instructed that the location is

[within the United States and on waters subject to the jurisdiction of the United

States] [outside the United States and on the high seas].