9th Cir. Model Jury Instr. (Criminal) 9.4

The defendant is charged in [Count _______ of] the indictment with attempted bank robbery in violation of Section 2113 of Title 18 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 intended to use force and violence or intimidation to take money that belonged to [specify financial institution];

Second, the deposits of [specify financial institution] were then insured by the [Federal Deposit Insurance Corporation] [National Credit Union Administration Board]; and

Third, the defendant did something that was a substantial step toward committing the crime.

A “substantial step” is conduct that strongly corroborates a defendant’s intent to commit the crime. To constitute a substantial step, a defendant’s act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances. Mere preparation is not a substantial step toward the committing the crime.

Jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of the crime.