Fill and Sign the Jury Instruction First Degree Murder Form

38.2 First Degree Murder (Felony Murder) 18 USC § 1111 Title 18, United States Code, Section 1111, makes it a Federal crime or offense for anyone to murder another human being during [the perpetration of ] [an attempt to perpetrate] the crime of [arson] [escape] [murder] [kidnapping] [t reason] [espionage] [sabot age] [aggravated sexual abuse] [sexual abuse] [burglary] [robbery] within the [special maritime] [territorial] jurisdiction of the United States. The Defendant can be found guilt y of t hat offense only if all of t he following facts are proved beyond a reasonable doubt: First: That the victim named in the indictment is dead; Second: That the Defendant caused the death of the victim, as charged; Third: That the death of the victim occurred as a consequence of and while the Defendant was knowingly and willfully engaged [in perpetrating] [in attempting to perpetrate] t he crime of [arson, etc.] as charged; and Fourth: That the killing occurred within the [special maritime] [territorial] jurisdiction of the United States. The crime charged here is know n as a "felony murder" - - that is, a killing that occurs during the knowing and willful commission of some other, specified felony offense. It is not necessary, therefore, for the Government t o prove that the Defendant had any premeditated design or intent to kill the victim. It is sufficient if the Government proves beyond a reasonable doubt t hat the Defendant knowingly and willfully [committed] [attempted to commit ] the crime of [arson, etc. ] as charged in the indictment, and that the killing of the victim occurred during, and as a consequence of , the Defendant' s [commission of] [attempt to commit ] t hat crime. You are instruct ed that the location of the alleged murder, as described in the indictment, if you find beyond a reasonable doubt that such offense occurred there, would be within the [special maritime] [territorial] jurisdiction of the United States. ANNOTATIONS AND COMMENTS (See Annotations and Comments following Offense Instruct ion 38.3, infra.)