5th Cir. Pattern Jury Instr. (Criminal) 2.09D

18 U.S.C. § 201(c)(1)(B)

Title 18, United States Code, Section 201(c)(l)(B), makes it a crime for a public official to

demand [seek] [receive] [accept] [agree to receive or accept] anything of value personally for

[because of] an official act performed [to be performed] by that official.

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 the defendant was a public official [former public official] [person selected to

be a public official] [juror];

Second: That the defendant directly or indirectly demanded [sought] [received] [accepted]

[agreed to receive or accept] something of value personally other than as provided by law for the

proper discharge of his [her] official duty; and

Third: That the defendant did so for [because of] an official act performed [to be

performed] by the defendant.

The term “public official” means Member of Congress, Delegate, or Resident

Commissioner, either before or after such official has qualified, or an officer or employee of or

person acting for or on behalf of the United States, or any department, agency, or branch of

Government thereof, including the District of Columbia, in any official function, under or by

authority of any such department, agency, or branch of Government, or a juror.

[The term “person selected to be a public official” means any person who has been

nominated or appointed to be a public official or has been officially informed that such person will

be nominated or appointed.]

[The term “official act” means any decision or action on any matter, question, cause, suit,

proceeding, or controversy, which may at any time be pending, or which may by law be brought

before any public official, in such official’s official capacity, or in such official’s place of trust or

profit.]

In regard to the third element, the term “for” [“because of”] mandates a specific connection

between the gratuity and a specific official act performed or to be performed. However, no overt,

explicit, or specific agreement to exchange the thing of value for the official act is required. On

the other hand, showing that a gratuity was given to a person because of that person ’s official

position is not enough.