3d Cir. Model Jury Instr. (Criminal) 5.07

The offense(s) of (state offenses) charged in the indictment require(s) proof

that (name) acted (describe the required mental state, e.g., “willfully,” “intent to

defraud,” “knowingly defraud,” “intentionally or knowingly making false statements”).

If you find that (name) acted in "good faith," that would be a complete defense to

this charge, because good faith on the part of (name) would be inconsistent with (his)

(her) acting (describe the required mental state).

A person acts in “good faith” when he or she has an honestly held belief,

opinion, or understanding that (describe the belief or opinion that is inconsistent with

the required mental state, e.g., honest belief about the existence of a fact, honest belief in

the truth of statements, honest opinion that acts were not unlawful), even though the

belief, opinion, or understanding turns out to be inaccurate or incorrect. Thus, in

this case if (name) made an honest mistake or had an honest misunderstanding

about (state the belief, opinion or understanding that would be inconsistent with the

required mental state) then (he) (she) did not act (describe the required mental state).

[(Name) did not act in "good faith," however, if, even though (he) (she) honestly

held a certain opinion or belief or understanding, (he) (she) also knowingly made false

statements, representations, or promises to others.]

(Name) does not have the burden of proving “good faith.” Good faith is a

defense because it is inconsistent with the requirement of the offense(s) charged,

that (name) acted (describe the required mental state). As I have told you, it is the

government's burden to prove beyond a reasonable doubt each element of the

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offense, including the mental state element. In deciding whether the government

proved that (name) acted (describe the required mental state) or, instead, whether

(name) acted in good faith, you should consider all of the evidence presented in the

case that may bear on (name's) state of mind. If you find from the evidence that

(name) acted in good faith, as I have defined it, or if you find for any other reason

that the government has not proved beyond a reasonable doubt that (name) acted

(describe the required mental state), you must find (name) not guilty of the offense of

(state the offense).