Fill and Sign the Jury Instruction Interstate Transportation of Stolen Property First Paragraph Form

373 68.1 Interstate Transportation Of Stolen Property 18 USC § 2314 (First Paragraph) Title 18, United States Code, Section 2314, makes it a Federal crime or offense for anyone to transport, or to cause to be transported in interstate commerce, property which has been stolen [converted] and has a value of $5,000 or more. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant transported or caused to be transported [transmitted] [transferred], in interstate commerce, items of stolen [converted] property as described in the indictment; Second: That such items had a value of $5,000 or more; and Third: That the Defendant transported the items willfully and with knowledge that the property had been stolen. The word "stolen" includes any wrongful and dishonest taking of property with the intent to deprive the owner of the rights and benefits of ownership. [The word "converted" means the unauthorized exercise of control over the property of another inconsistent with the owner's rights.] The word "value" means the face, par, or market value, or cost price, either wholesale or retail, whichever is greater. It does not matter whether the Defendant stole the property or someone else did, but to find the Defendant guilty, you must find that the Defendant knew it had been stolen. The term "interstate commerce" includes any movement or transportation of goods, wares, merchandise, securities or money from one state into another state, the District of Columbia, and any commonwealth, territory, or possession of the United States. ANNOTATIONS AND COMMENTS 18 USC § 23 14 (first paragraph) provides: Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud [shall be guilt y of an offense against the United States]. Maximum Penalty: Ten (10) years imprisonment and applicable fine. The language "or caused to be transported," although not found in the first paragraph of the statute, has been expressly allowed by United States v. Block, 755 F.2d 770 (11th Cir. 1985). In United States v. LaSpesa, 956 F.2d 10 27, 1035 (11t h Cir. 19 92), the Eleventh Circuit held that 18 USC § 2314 prohibits interstate wire transfers of stolen money. In United States v. Baker, 19 F.3d 605, 614 (11th Cir. 1994), the Eleventh Circuit held that the substitution of "stolen or taken by fraud"for" stolen" in the jury instructions was allowable under the statute, where the property in question was taken by fraud. The definition of State taken from 18 USC § 2313(b), also referred to in definition of interstate commerce 18 USC § 10.