5th Cir. Pattern Jury Instr. (Criminal) 2.86B

18 U.S.C. §§ 2261A(2), 2261(b), 2261B

Title 18, United States Code, Section 2261A (2) makes it a crime to use the mail or any

facility in interstate commerce, including interactive computer services or electronic

communication services or systems, with the intent to stalk another person.

For you to find the defendant guilty, the government must prove each of the following

beyond a reasonable doubt:

First: That the defendant used the mail, any interactive computer service or electronic

communication service or electronic communication system of interstate commerce, or any other

facility of interstate or foreign commerce;

Second: That the defendant did so with the intent to kill [injure] [harass] [intimidate] [place

under surveillance with intent to kill, injure, harass, or intimidate] another person; and

Third: That through the use of the mail, computer interactive service, electronic

communication service or system or other facility of interstate or foreign commerce, the defendant

engaged in a course of conduct that.

(1) placed that other person in reasonable fear of the death [serious bodily injury]

to that person [a member of that person’s immediate family] [a spouse or intimate partner

of that person] [the pet, service animal, emotional support animal, or horse of that person];

or

(2) caused, attempted to cause, or would be reasonably expected to cause

substantial emotional distress to that person [a member of that person’s immediate family]

[a spouse or intimate partner of that person]; and

[Fourth: That the defendant’s conduct resulted in the death of the victim.]

[Fourth: That the defendant ’s conduct results in the permanent disfigurement of [life

threatening bodily injury to] the victim.]

[Fourth: That the defendant ’s conduct resulted in serious bodily injury to the victim [the

defendant used a dangerous weapon during the offense.]

[Fourth: That the defendant’s conduct constituted aggravated sexual abuse] [sexual abuse]

[sexual abuse of a minor or ward] [abusive sexual contact].]

[Fourth: That the victim was under the age of 18 at the time that the offense occurred.]

“Spouse or intimate partner” includes a spouse or former spouse of the target of the

stalking, a person who shares a child in common with the target of the stalking, and a person who

cohabits or has cohabited as a spouse with the target of the stalking. It also includes a person who

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is or has been in a social relationship of a romantic or intimate nature with the target of the stalking,

as determined by the length of the relationship, the type of the relationship, and the frequency of

interaction between the persons involved in the relationship, or any other person similarly situated

to a spouse who is protected by the domestic or family violence laws of the State or tribal

jurisdiction in which the injury occurred or where the victim resides.

“Bodily injury” means any act, except one done in self -defense that results in physical

injury or sexual abuse.

“Serious bodily injury” means bodily injury which involves a substantial risk of death,

extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of

the function of a bodily member, organ, or mental faculty.

“Course of conduct” means a pattern of conduct composed of two or more acts, evidencing

a continuity of purpose.