US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 24.23
Lacey Act—Defendant Should Have Known That Fish, Wildlife, or Plants Were Illegally Taken (16 U.S.C. §§ 3372, 3373(d)(2))
The defendant is charged in [Count _______ of] the indictment with violating Sections 3372 and 3373 of Title 16 of 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 [[imported] [exported] [transported] [sold] [received] [acquired] [purchased]] [[fish] [wildlife] [plants]]; and
Second, the defendant in the exercise of due care should have known that the [fish] [wildlife] [plants] had been [taken] [possessed] [transported] [sold] in violation of or in a manner unlawful under [United States Law] [United States regulations] [United States treaties] [tribal law].
A defendant acts knowingly if [he] [she] is aware of the act and does not act through ignorance, mistake, or accident. You may consider evidence of the defendant's words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted knowingly.
Due care means that degree of care that a reasonably prudent person would exercise under the same or similar circumstances.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
2b7aeee0ceb5dc1a25e75194b590525db7ca1c6b7830700dc03839a97cfcea96
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