US-CA5 · jury_instructions
5th Cir. Pattern Jury Instr. (Criminal) 1.40
MATERIALITY
As used in these instructions, a representation [statement] [pretense] [promise] is
“material” if it has a natural tendency to influence, or is capable of influencing, the decision of the
person or entity to which it is addressed.
The government can prove materiality in either of two ways.
First, a representation [statement] [pretense] [promise] is “material” if a reasonable person
would attach importance to its existence or nonexistence in determining his [her] choice of action
in the transaction in question.
Second, a statement could be material, even though only an unreasonable person would
rely on it, if the person who made the statement knew or had reason to know his [her] victim was
likely to rely on it.
In determining materiality, you should consider that the naiveté, carelessness, negligence,
or stupidity of a victim does not excuse criminal conduct, if any, on the part of the defendant.
Provenance
- Source
- lb5.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
edcfce199043abbfb5efa73a84b8257a793e9507ef15ee731e3afe85fac52fbe
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