11th Cir. Pattern Jury Instr. (Criminal) O90

Against Person or Property in the United States

18 U.S.C. § 2332a(a)(2)

It’s a Federal crime for anyone without lawful authority to use, threaten, or

attempt or conspire to use, a weapon of mass destruction against any person or

property within the United States, and [use the mail or any facility of interstate or

foreign commerce to further the offense] [use the property in interstate or foreign

commerce or in an activity that affects interstate or foreign commerce] [for any

perpetrator to travel in or cause another to travel in interstate or foreign commerce

to further the offense] [the offense, or the results of the offense, affect interstate or

foreign commerce] [the offense would have affected interstate or foreign

commerce].

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

facts are proved beyond a reasonable doubt:

(1) the Defendant [used] [threatened to use] [attempted to use]

[conspired to use] a weapon of mass destruction against any

person or property within the United States;

(2) the Defendant did not have lawful authority to use the weapon of

mass destruction; and

(3) [the mail or any facility of interstate or foreign commerce was

used to further the offense] [the property was used in interstate or

foreign commerce or in an activity that affects interstate or foreign

commerce] [any perpetrator traveled in or caused another to travel

in interstate or foreign commerce to further the offense] [the

offense, or the results of the offense, affected interstate or foreign

commerce] [the offense would have affected interstate or foreign

commerce].

The term “weapon of mass destruction” means [a destructive device,

including any explosive, incendiary, or poison-gas bomb, grenade (insert device as

defined under 18 U.S.C. § 921)] [any weapon that is designed or intended to cause

death or serious bodily injury through the release, dissemination, or effect of toxic

or poisonous chemicals, or their precursors] [any weapon involving a biological

agent, toxin, or vector, including a microorganism capable of causing death or

disease in a human, animal, plant, or other living organism] [any weapon that is

designed to release radiation or radioactivity at a level dangerous to human life].

[The term “interstate commerce” includes any movement or transportation

of persons, goods, wares, merchandise, securities or money from one state into

another state, the District of Columbia, and any commonwealth, territory, or

possession of the United States.]

[The term “facility of interstate commerce” includes means of tra nsportation

and communication.]