20.32 Transfer of Obscene Material to a Minor (18 U.S.C. § 1470)

The defendant is charged in [Count ____ of] the indictment with Transfer of Obscene Material to a Minor in violation of Section 1470 of Title 18 of the United States Code. For the defendant to be found guilty of that charge the government must prove beyond a reasonable doubt:

First, the defendant knowingly transferred [name the material charged in the indictment];

Second, the defendant transferred [name the material charged in the indictment] to an individual less than sixteen years old;

Third, the defendant knew the other individual was less than sixteen years old;

Fourth, the defendant knew at the time of the transfer the content, character, and nature of the material;

Fifth, [name the material charged in the indictment] is obscene; and

Sixth, the defendant knowingly used the [mail]; [any means or facility of interstate commerce] to transfer [name the material charged in the indictment].

Comment

The definitions of “interstate commerce” and “foreign commerce” are found at 18 U.S.C. § 10.

This instruction is modeled on the Seventh Circuit’s Model Criminal Instruction for 18 U.S.C. § 1470. See United States v. Lopez, 4 F.4th 706 (9th Cir. 2021) (affirming, without considering, defendant’s conviction under 18 U.S.C. § 1470 using Seventh Circuit instructions).