5th Cir. Pattern Jury Instr. (Criminal) 2.01B

8 U.S.C. § 1324(a)(1)(A)(ii)

Title 8, United States Code, Section 1324(a)(1)(A)(ii), makes it a crime for anyone to

transport an alien within the United States, knowing or in reckless disregard of the fact that the

alien is here illegally, and in furtherance of the alien’s violation of the law.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That an alien had entered [come to] [remained in] the United States in violation of

the law;

Second: That the defendant knew [recklessly disregarded] the fact that the alien was in the

United States in violation of the law; and

Third: That the defendant transported [moved] [attempted to transport or move] the alien

within the United States with intent to further the alien’s unlawful presence.

[Fourth: That the defendant committed the offense for the purpose of commercial

advantage or private financial gain.]

[Fourth: That the defendant caused any person serious bodily injury during and in relation

to the offense [placed in jeopardy the life of any person].]

[Fourth: That the death of any person resulted from the offense.]

[A person acts with “reckless disregard” when he [she] is aware of, but consciously

disregards, facts and circumstances indicating that the person transported was an alien who had

entered or remained in the United States in violation of the law.]

[The term “commercial advantage” means that the defendant participated in an alien

smuggling venture and that members of that venture received or negotiated payment in return for

the transportation or movement of the aliens. The government need not prove that the defendant

was going to directly benefit financially from his [her] part in the venture.

The term “private financial gain” means any monetary benefit obtained by the defendant

for his [her] conduct, whether conferred directly or indirectly. It includes a promise to pay money

in the future.]

An alien is any person who is not a natural-born or naturalized citizen of the United States.

In order for transportation to be in furtherance of the alien’s unlawful presence, there must

be a direct and substantial relationship between the defendant ’s act of transportation and its

91

furtherance of the alien ’s presence in the United States. In other words, the act of transportation

must be more than merely incidental to a furtherance of the alien’s violation of the law.