Instructions 11.8 (Solicitation to Commit a Crime of Violence (18 U.S.C. § 373)), 19.6 (Obstruction of Justice—Pending Proceeding Before United States Departments or Agencies (18 U.S.C. § 1505)),
24.29 (Theft Concerning Federally Funded Program—Elements (18 U.S.C. § 666)),
24.30 Accepting A Bribe—Elements ((18 U.S.C. § 666(a)(1)(B)), 24.31 Paying A Bribe—Elements (18 U.S.C. § 666(a)(2)), and 24.32 Definition of “Agent” (18 U.S.C. § 666)) are new.
Instruction 1.8 (Conduct of the Jury) now cites X as well as Twitter.
The Comment to Instruction (4.2 Aiding and Abetting (18 U.S.C. § 2(b))) now observes that Section 2(b) “does not require a defendant to have a duty to disclose if prosecuted for inaction,” United States v. Sullivan, 131 F.4th 776, 784 (9th Cir. 2025), so long as the third party who does the act has such a duty, id. (citing United States v. Singh, 979 F.3d 697, 717-18 (9th Cir. 2020)).
The second and fourth elements of Instruction 5.8 (Necessity (Legal Excuse)) now requires that "the defendant
reasonably acted to prevent imminent harm." Accordingly, the Comment now cites United States v. Powers, 129 F.4th 617, 625-26 (9th Cir. 2025) (clarifying that reasonableness requirement applies to second, third, and fourth elements of necessity defense).
Instruction 7.6 (Alien—Deported Alien Reentering United States Without Consent (8 U.S.C. § 1326(a))) has a new element: "Fourth, the defendant was free from official observation or restraint between the moment [he] [she] [other pronoun] physically crossed into U.S. territory and the moment [he] [she] [other pronoun] was apprehended." It also now defines "official restraint." The Comment attributes the change to United States v. Liberato, 142 F.4th 1174, 1182 (9th Cir. 2025) (government had not met its burden of proving with sufficient evidence that the defendant 'was at any point free from official observation or restraint between the moment he physically crossed into U.S. territory and the moment he was apprehended' and therefore free of official restraint).
Instruction 7.8 (Alien—Deported Alien Found in United States (8 U.S.C. § 1326(a))) amends the pronoun designations to "[he] [she] [other pronoun]. Element six now reads "the defendant was free from official observation or restraint at
between the timemoment [he][] [she]
[other pronoun] entered
physically crossed into U.S. territory and the United States moment [he] [she] [other pronoun] was apprehended. The Comment now cites Liberato re official restraint.
The first paragraph of Instruction 8.6 (Assault by Striking or Wounding (18 U.S.C § 113(a)(4))) replaces "with a dangerous weapon" with "by striking or wounding."
Instruction 14.16 has been retitled from Firearms—Unlawful Possession—Convicted Felon (18 U.S.C. § 922(g)(1924(g)) to Firearms—Armed Career Criminal Act (18 U.S.C. § (1924(e)). The text and Comment have been substantially rewritten.
The Comment to Instruction 14.23 (Firearms—Possession in Furtherance of Crime of Violence or Drug Trafficking Crime (18 U.S.C. § 924(c))) now discusses United States v. Johnson, 139 F.4th 830 (9th Cir. 2025) (Pinkerton theory for Hobbs Act robbery).
Instruction 15.9 (Fraud in Connection with Identification Documents—Aggravated Identity Theft (18 U.S.C. § 1028A)) now ends: [The government need not establish that the [means of identification of another person] [false identification document] was stolen
or used without the other person’s consent.]" The Comment indicates that the change was occasioned by United States v. Parviz, 131 F.4th 966, 972 (9th Cir. 2025).
Instruction 15.21 (Without Authorization—Defined) now notes that an 'actor’s authorization, or lack thereof, is assessed at the moment of access.' United States v. Sullivan, 131 F.4th 776, 785 (9th Cir. 2025)."
The Comment to Instruction 15.32 (Mail Fraud—Scheme to Defraud or to Obtain Money or Property by False Promises (18 U.S.C. § 1341)) has been rewritten to reflect the Supreme Court's recent holding in Kousisis v. United States, 145 S. Ct. 1382 (2025). The Comment also now notes United States v. Milheiser, 98 F.4th 935, 938, 944-45 (9th Cir. 2024) (“The nature of the bargain requirement properly excludes from liability cases in which a defendant’s misrepresentations about collateral matters may have led to the transaction but the buyer still got the product that she expected at the price she expected.”).
Kousisis is also noted in the Comment to Instruction 15.35 (Wire Fraud (18 U.S.C. § 1343)).
The Comment to Instruction 15.41 (False Statement to a Bank or Other Federally Insured Institution (18 U.S.C. § 1014)) now notes Thompson v. United States, 604 U.S. __, 145 S. Ct. 821, 826 (2025) regarding misleading but true statements.
The Comments to Instructions 20.25 (Sex Trafficking of Children (18 U.S.C. § 1591(a)(1))), 20.25A (Sex Trafficking by Force, Fraud, or Coercion (18 U.S.C. § 1591(a)(1))), and 20.26 Sex Trafficking of Children or by Force, Fraud, or Coercion—Benefitting from Participation in Venture (18 U.S.C. § 1591(a)(2)) now note United States v. Bradford, 148 F.4th 699 (9th Cir. 2025) regarding duplicity and the two standards for mens rea.
The Comment to Instruction 24.1 (Misprision of Felony (18 U.S.C. § 4)) has been updated to note United States v. Sullivan, 131 F.4th 776, 785-86 (9th Cir. 2025) (defendant need not know the precise term of imprisonment authorized by law, but at least must know that the potential punishment exceeds one year in prison).
Instructions 24.13 to 24.28 have been
renumbered.