5th Cir. Pattern Jury Instr. (Criminal) 2.37A

EXPLOSION

18 U.S.C. §§ 844(f)(1), 844(f)(2), 844(f)(3)

The defendant is charged with maliciously damaging or destroying, by means of fire [an

explosive], any building, vehicle, or other real or personal property in whole or in part owned by

[possessed by] [leased to] the United States [any department or agency of the United States] [any

institution or organization receiving Federal financial assistance].

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

government has proved the following beyond a reasonable doubt:

First: That the defendant damaged or destroyed property;

Second: That the defendant did so by means of fire [an explosive];

Third: That the property was, in whole or in part, owned by [possessed by] [leased to] the

United States [any department or agency of the United States] [any institution or organization

receiving Federal financial assistance]; and

Fourth: That the defendant acted maliciously;

[Fifth: The defendant ’s conduct directly or proximately caused personal injury to any

person [creates a substantial risk of injury] [caused the death of any person, including any public

safety officer performing duties.]]

The term “explosive” means ____________ (insert appropriate definition from 18 U.S.C.

§ 844(j) or 18 U.S.C. § 232(5)).

“Property” includes buildings, vehicles, or other personal or real property. The term

“department” means one of the executive departments. The executive departments are: the

Department of State; the Department of the Treasury; the Department of Defense; the Department

of Justice; the Department of the Interior; the Department of Agriculture; the Department of

Commerce; the Department of Labor; the Department of Health and Human Services; the

Department of Housing and Urban Developme nt; the Department of Transportation; the

Department of Energy; the Department of Education; the Department of Homeland Security; the

Department of Veterans Affairs.

The term “agency” of the United States includes any department, independent

establishment, commission, administration, authority, board or bureau of the United States or any

corporation in which the United States has a proprietary interest.

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Maliciously means that the defendant acted either intentionally or with willful disregard of

the likelihood that damage will result, and not mistakenly or carelessly. The defendant need not

have intended to injure or kill anyone.

[A proximate cause is one that played a substantial part in bringing about the death [injury],

so that the death [injury] was the direct result or a reasonably probable consequence of the

defendant’s acts. “Substantial” means that the defendant’s conduct has such an effect in producing

the death [injury] as to lead a reasonable person to regard his [her] conduct as a cause of the death

[injury]. An event such as the death [injury] of the victim may have more than one cause. The

government need not prove tha t the defendant ’s conduct was the only cause of his [her] death

[injury]; it need only prove that the defendant ’s conduct was a substantial factor in causing his

[her] death [injury].]

[Personal injury means any injury, no matter how temporary. It includes physical pain as

well as any burn, cut, abrasion, bruise, disfigurement, illness or impairment of a bodily function.]