8th Cir. Model Jury Instr. (Criminal) 6.00

(Introductory Comment)

This section contains elements instructions for many commonly prosecuted criminal offenses. Also included are definitions of particular terms used in the individual elements instructions or statute. Definitions of terms generally applicable to many offenses are included in Section 8, infra.

An instruction on the elements of a crime should be as simple and direct as possible. Separating the elements and numbering them should make the instruction both easier to draft and more understandable to the jury. Instruction 3.09 on the government's burden of proof should follow the elements instructions.

If a lesser-included offense is to be submitted to the jury, it should be given immediately after the greater offense. Instruction 3.10, supra, contains a format for the lesser-included offense.

6.8.1326 Deported/Removed Alien Reentering the United States Without Consent

The crime of reentering the United States without consent, as charged in [Count _____ of] the Indictment has three elements:

One, on or about (date) [[the defendant was [removed] [deported][denied admission] from the United States]] [[the defendant departed the United States while an order of [removal] [deportation] was outstanding]];

Two, at some later time, the defendant [knowingly and voluntarily reentered the United States][was found in the United States] without having obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security, to reapply for admission into the United States; and

Three, the defendant was an alien1 at the time of the reentry.

An alien is a person who is not a citizen or national2 of the United States.

(Insert paragraph describing Government's burden of proof; see Instruction 3.09, supra.)