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).