5th Cir. Pattern Jury Instr. (Criminal) 1.32

You have heard evidence of acts of the defendant which may be similar to those charged

in the indictment, but which were committed on other occasions. You must not consider any of

this evidence in deciding if the defendant committed the acts charged in the indictment. However,

you may consider this evidence for other, very limited, purposes.

If you find beyond a reasonable doubt from other evidence in this case that the defendant

did commit the acts charged in the indictment, then you may consider evidence of the similar acts

allegedly committed on other occasions to determine:

Whether the defendant had the state of mind or intent necessary to commit the crime

charged in the indictment;

or

Whether the defendant had a motive or the opportunity to commit the acts charged in the

indictment;

or

Whether the defendant acted according to a plan or in preparation for commission of a

crime;

or

Whether the defendant committed the acts for which he [she] is on trial by accident or

mistake.

These are the limited purposes for which any evidence of other similar acts may be

considered.