5th Cir. Pattern Jury Instr. (Criminal) 2.92B

TERRORIST ORGANIZATION

18 U.S.C. § 2339B

Title 18, United States Code, Section 2339B, makes it a crime for anyone to knowingly

provide material support or resources to a designated foreign terrorist organization [to attempt to

do so] [to conspire to do so].

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 provided [attempted to provide] [conspired to provide]

material support or resources to an organization; and

Second: That the defendant did so knowing that the organization is a designated terrorist

organization [that the organization has engaged or engages in terrorist activity] [that the

organization has engaged or engages in terrorist activity] [that the organization has engaged or

engages in terrorism].

[Third: the death of any person results.]

The term “material support or resources” means any property, tangible or intangible, or

service, including currency or monetary instruments or financial securities, financial services,

lodging, training, expert advice or assistance, safehouses, false docum entation or identification,

communications, equipment, facilities, weapons, lethal substances, explosives, personnel (one or

more individuals who may be or include oneself), and transportation. Medicine or religious

materials are not included.

[The term “training” means instruction or teaching designed to impart a specific skill, as

opposed to general knowledge.]

[The term “expert advice or assistance” means advice or assistance derived from scientific

technical or specialized knowledge.]

[No person may be prosecuted under this section in connection with the term “personnel”

unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign

terrorist organization with one or more individuals (who may be or include himself [herself]) to

work under that terrorist organization’ s direction or control or to organize manage, supervise, or

otherwise direct the operation of that organization. Individuals who act entirely independently of

the foreign terrorist organiza tion to advance its goals or objectives shall not be considered to be

working under the foreign terrorist organization’s direction and control.]

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The term “terrorist organization” means an organization designated by the Secretary of

State as a terrorist organization under section 210 of the Immigration and Nationality Act. I hereby

instruct you that _________ (list designated Foreign Terrorist Organization from indictment) is a

Foreign Terrorist Organization.

[The term “engage in terrorist activity” means _______ (describe activity engaged in that

is proscribed by 8 U.S.C. § 1182(a)(3)(B)(iv)).]

[The term “terrorism” means premeditated, politically motivated violence perpetrated

against noncombatant targets by subnational groups or clandestine agents.]

The First Amendment to the Constitution guarantees to all persons in the United States the

right to freedom of speech, freedom of religion, and freedom of association. Because of these

constitutional guarantees, no one can be convicted of a crime simply on the basis of his [her]

beliefs, his [her] expression of those beliefs, or his [her] associations. The First Amendment,

however, does not provide a defense to a criminal charge simply because a person uses his [her]

associations, beliefs, or words to carry out an illegal activity. Stated another way, if a defendant’s

speech, expression, or associations were made with the intent to willfully provide funds, goods, or

services to or for the benefit of ________ ( name foreign terrorist organization), or to knowingly

provide material support or resources to _________ ( name foreign terrorist organization), as

described in the indictment, then the First Amendment would not provide a defense to that

conduct.]