5th Cir. Pattern Jury Instr. (Criminal) 2.61

(BY COMMON CARRIER)

18 U.S.C. § 1462

Title 18, United States Code, Section 1462, makes it a crime for anyone to use a common

carrier to transmit obscene material in interstate [foreign] commerce.

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 used a common carrier [interactive computer service]

to transport ___________________ (describe material in the indictment) in interstate [foreign]

commerce, as charged;

Second: That the defendant knew, at the time of such transportation, the sexually oriented

content of the material; and

Third: That the material was obscene.

[Include definition of obscenity as stated in Instruction No. 2.60, 18 U.S.C. § 1461, Mailing

Obscene Material.]

A “common carrier” includes any person or corporation engaged in the business of carting,

hauling, or transporting goods and commodities for members of the public for hire.

[“Interactive computer service” means any information service, system, or access to

software provider that provides or enables computer access by multiple users to a computer

service, including specifically a service or system that provides access to the I nternet and such

systems operated or services offered by libraries or educational institutions.]

One of the specific facts the government must prove is that the defendant knew of the

sexually oriented contents of the material that was transported in interstate commerce. The

government is not obligated to prove that the defendant knew that such materia l was legally

obscene, only that the content was sexually oriented.