5th Cir. Pattern Jury Instr. (Criminal) 2.48B

UNITED STATES

18 U.S.C. §§ 1028(a)(4), 1028(b), 2326

Title 18, United States Code, Section 1028(a)(4), makes it a crime for anyone knowingly

and without lawful authority to possess an identification document [an authentication feature] [a

false identification document] with the intent such document or feature be used to defraud the

United States.

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 knowingly possessed an identification document [an

authentication feature] [a false identification document];

Second: That he [she] did so without lawful authority; and

Third: That the identification document [authentication feature] [false identification

document] was possessed with the intent that it be used to defraud the United States.

The term “identification document” means a document made or issued by or under the

authority of the United States Government, a State, a political subdivision of a State, a sponsoring

entity of an event designated as a special event of national significance, a foreign government, a

political subdivision of a foreign government, an international governmental or an international

quasi-governmental organization which, when completed with information concerning a particular

individual, is of a type intended or commonly accepted for the purpose of identification of

individuals.

[The term “false identification document” means a document of a type intended or

commonly accepted for the purposes of identification of individuals that is not issued by or under

the authority of a governmental entity [was issued under the authority of a governmental entity but

was subsequently altered for purposes of deceit] and appears to be issued by or under the authority

of the United States Government [a State] [a political subdivision of a State] [a sponsoring entity

of an event designated by the Pr esident as a special event of national significance] [a foreign

government] [a political subdivision of a foreign government] [an international governmental or

quasi-governmental organization].]

[The term “authentication feature” means any hologram, watermark, certification, symbol,

code, image, sequence of numbers or letters, or other feature either individually or in combination

with another feature used by the issuing authority on an identifica tion document, document -

making implement, or means of identification to determine if the document is counterfeit, altered,

or otherwise falsified.]

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The phrase “intent that it be used to defraud the United States” means a specific intent to

use the document to deceive the United States in order to cause some harm to the United States or

bring about some personal gain. Harm to the United States includes any impairment to the

administration of governmental functions.