Fill and Sign the Jury Instruction Sale or Receipt of a Stolen Motor Vehicle Form

371 67 Sale Or Receipt Of A Stolen Motor Vehicle 18 USC § 2313 Title 18, United States Code, Section 2313, makes it a Federal crime or offense for anyone [to receive] [to possess] [to conceal] [to store] [to sell] [to dispose of] any [motor vehicle] [aircraft] which has crossed a State or United States boundary after being stolen, knowing it to have been stolen. 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 willfully [received] [possessed] [concealed] [stored] [sold] [disposed of] a stolen motor vehicle, as described in the indictment, with knowledge that the motor vehicle had been stolen; and Second: That at the time the Defendant did so the motor vehicle had crossed a State or Unit ed States boundary after having been stolen. The indictment alleges that the Defendant received, possessed, concealed, stored, sold and disposed of a certain motor vehicle. The law specifies these several different ways in which the offense can be committed, and it is not necessary for the Government to prove that all of such acts were in fact committed. The Government must prove beyond a reasonable doubt that the Defendant either received, possessed, concealed, stored, sold or disposed of the motor vehicle; but, in order to return a verdict of guilt you must agree unanimously upon the w ay in which the offense was committed. The word "stolen" includes any wrongful and dishonest taking of a motor vehicle with the intent to deprive the owner of the rights and benefits of ownership. Also, while it must be proved that the Defendant knew that the vehicle had been stolen, it is not necessary to prove that the Defendant knew that the vehicle had crossed a State or United States boundary after it had been stolen. The word "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ANNOTATIONS AND COMMENTS 18 USC § 2313 provides: Whoever receives, possesses, conceals, stores, sells or disposes of any motor vehicle which has crossed a State or United States boundary after being stolen, knowing the same to have been stolen, [shall be guilty of an offense against the United States]. Maximum Penalty: Ten (10) years imprisonment and applicable fine. The requirement that the jury unanimously agree upon the way in which the offense was committed is mandated by United States v. Gipson, 553 F.2d 453 (5t h Cir. 1977). Where "concealment" is an issue, see United States v. Casey, 540 F.2d 811 (5th Cir. 1976). See definition of "Stat e" at 1 8 USC § 23 13 (b).