5th Cir. Pattern Jury Instr. (Criminal) 2.91C

18 U.S.C. § 2320(a)(3)

Title 18, United States Code, Section 2320 makes it a crime for a person to intentionally

traffic [attempt to traffic] [conspire to traffic] in counterfeit military goods or services for which

the use, malfunction, or failure is likely to cause serious bodily injury or death, the disclosure of

classified information, impairment of combat operations, or other significant harm to a combat

operation, a member of the Armed Forces, or to national security.

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 trafficked in goods or services;

Second: That the defendant knew that such goods or services were counterfeit military

goods or services;

Third: That the use, malfunction, or failure of such goods or services was likely to cause

serious bodily injury [death] [the disclosure of classified information] [impairment of combat

operations] [other significant harm to a combat operation, a member of the Armed Forces, or to

national security]; and

Fourth: That such trafficking was intentional.

“Traffic” means to transport, transfer, or dispose of, to another, for purposes of commercial

advantage or private financial gain, or to import, export, obtain control of, or possess with intent

to do transport, transfer, or otherwise dispose of.

“Financial gain” includes the receipt, or expected receipt, of anything of value.

The term “counterfeit military good or service” means a good or service that uses a

counterfeit mark on or in connection with such good or service and that (A) is falsely identified or

labeled as meeting military specifications, or (B) is intended for use in a military or national

security application.