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Fill and Sign the Jury Instruction on or About Knowingly Only When Willfulness or Specific Intent is Not an Element Form

Fill and Sign the Jury Instruction on or About Knowingly Only When Willfulness or Specific Intent is Not an Element Form

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9.2 On or About - - Knowingly (Only) (When Willfulness or Specific Intent is Not an Element) You will note that the indictment charges that the offense was committed "on or about" a certain date. The Government does not have to prove with certainty the exact date of the alleged offense. It is sufficient if the Government proves beyond a reasonable doubt that the offense was committed on a date reasonably near the date alleged. The word " knowingly," as that term has been used in the indictment or in these instructions, means that the act was done voluntarily and intentionally and not because of mistake or accident. ANNOTATIONS AND COMMENTS United States v. Creamer, 721 F.2d 342, 343 (11th Cir. 1983), " on or about" language upheld in case in which alibi defense was used by the Defendant; the court " rejected the contention that time becomes a material element of a criminal offense merely because the defense of alibi is advanced." See also United States v. Reed, 887 F.2d 1398 (11th Cir. 1989), reh'g denied, 891 F.2d 907 (1989), cert. denied, 493 U.S. 1080, 110 S.Ct. 1136, 107 L.Ed.2d 1041 (1990).

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