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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 24.20

Excavating or Trafficking in Archaeological Resources (16 U.S.C. § 470ee(a), (b)(2))

activein force · 2026-08-20 – presentas-observed

The defendant is charged in [Count _______ of] the indictment with [excavating] [trafficking in] archaeological resources in violation of Section [470ee(a)] [470ee(b)(2)] of Title 16 the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

[First, the defendant knowingly [[excavated] [removed] [damaged] [altered] [defaced]] [specify archaeological resource] while knowing that it was of archaeological interest and at least 100 years of age;]

or

[First, the defendant knowingly [[sold] [purchased] [exchanged] [transported] [received] [offered to sell] [offered to purchase] [offered to exchange]] [specify archaeological resource] while knowing that it was of archaeological interest and at least 100 years of age;]

Second, the [specify archaeological resource] was [[located on] [removed from]] [specify public or Indian lands]; and

Third, the defendant acted without a permit to do so from [specify federal land manager].

The government is not required to prove that the defendant knew that the [specify archaeological resource] was [[located on] [removed from]] [[public] [Indian]] land.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
c21d0e7c13adff0051aca846b1a070209d383a9720e526cbf52f0bfabb053cce
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