5th Cir. Pattern Jury Instr. (Criminal) 2.36B

MATERIALS

18 U.S.C. §§ 842(a)(2), 844(a)(1)

Title 18, United States Code, Sections 842(a)(2) and 844(a)(1), make it a crime for anyone

to knowingly make a false statement for the purpose of obtaining explosive materials.

____________ (name explosive material) is an explosive material within the meaning of

this 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 the defendant made a false [fictitious] oral [written] statement;

Second: That the defendant knew the statement was false;

Third: That the statement was made for the purpose of obtaining an explosive material; and

Fourth: That the statement was intended to deceive or likely to deceive the listener.

A statement is “false” [“fictitious”] if it was untrue when made and was then known to be

untrue by the person making it.

A false [fictitious] statement is “likely to deceive” if the nature of the statement,

considering all of the surrounding circumstances at the time it is made, is such that a reasonable

person of ordinary prudence would have been actually deceived or misled.