11th Cir. Pattern Jury Instr. (Criminal) O96.2

8 U.S.C. § 1324(a)(1)(A)(ii)

It’s a Federal crime for anyone who [knows] [acts with reckless disregard of

the fact] that an alien is in the United States illegally to transport the alien to

further the alien’s illegal presence.

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

facts are proved beyond a reasonable doubt:

(1) an alien [entered] or [remained in] the United States in violation of

law;

(2) the Defendant knew or recklessly disregarded the fact that the

alien was in the United States in violation of the law; [and]

(3) the Defendant transported the alien within the United States to

further the alien’s unlawful presence[.] [; and]

[(4) the Defendant’s motive was commercial advantage or private

financial gain.]

To act with “reckless disregard of the fact” means to be aware of but

consciously and carelessly ignore facts and circumstances clearly indicating that

the person transported was an alien who had entered or remained in the United

States illegally.

An alien is any person who isn’t a natural- born or naturalized citizen, or a

national of the United States.

A “citizen of the United States” is a person who was born within the United

States or naturalized through judicial proceedings. A person who was born outside

the United States is a citizen of the United States if both parents were United States

citizens and at least one of them had a residence in the United States before the

birth.

A “national of the United States” includes any United States citizen and any

noncitizen who owes permanent allegiance to the United States.

For transportation to further an alien’s unlawful presence, there must be a

direct and substantial relationship between the Defendant’s act of transportation

and the furthering of the alien’s presence in the United States. The act of

transportation must be something more than merely incidental to f urthering the

alien’s presence.