11th Cir. Pattern Jury Instr. (Criminal) O96.3

8 U.S.C. § 1324(a)(1)(A)(iii)

It’s a Federal crime to [conceal][harbor] an alien [knowing] [in reckless

disregard of the fact] that the alien [entered] [is in] the United States illegally.

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

facts are proved beyond a reasonable doubt:

(1) the alien [entered] [remained in] the United States illegally;

(2) the Defendant knowingly [concealed the alien] [harbored the

alien] [sheltered the alien from detection] within the United

States; and

(3) the Defendant either knew or acted in reckless disregard of the fact

that the alien [had entered] [remained in] the United States in

violation of law[.] [; and]

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

financial gain.]

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.

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.

To [conceal] [harbor] [shield from detection] includes knowingly doing

something to help the alien escape detection.