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8.129 Obstruction of Justice—Influencing Juror

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8.129 OBSTRUCTION OF JUSTICEINFLUENCING JUROR (18 U.S.C. § 1503)

The defendant is charged in [Count _____ of] the indictment with obstruction of justice in violation of Section 1503 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, [name of juror] was a [prospective] [grand] juror;

Second, the defendant tried to influence, intimidate, or impede [name of juror] in the discharge of [his] [her] duties as a [grand] juror; and

Third, the defendant acted corruptly, or by threats or force, or by any threatening communication, with the intent to obstruct justice.

[The government need not prove that the defendant’s sole or even primary intention was to obstruct justice so long as the government proves beyond a reasonable doubt that one of the defendant’s intentions was to obstruct justice. The defendant’s intention to obstruct justice must be substantial.]

 

Comment

See Comment at Instruction 3.15 (CorruptlyDefined).

If the corrupt act at issue involved the making of a false statement, materiality of the false statement is a required element of the crime. See United States v. Thomas, 612 F.3d 1107, 1123-24 (9th Cir.2010).

As used in Section 1503, "corruptly" means that the act must be done with the purpose of obstructing justice. United States v. Rasheed, 663 F.2d 843, 851 (9th Cir.1981).

Include the last paragraph if the evidence shows the defendant had more than one intention when engaging in the challenged conduct. See United States v. Smith, ___ F.3d ___, No. 14-50440, 2016 WL 4137634 at *8-9 (9th Cir. Aug. 4, 2016).

18 U.S.C. § 1503 also applies to venire members who have not been sworn or selected as jurors and are prospective jurors. United States v. Russell, 255 U.S. 138 (1921).