Instruction 6.18.113(6) (ASSAULT RESULTING IN SERIOUS BODILY INJURY
(18 U.S.C. § 113(A)(6))) has a new Note 5 explaining that proof of assault resulting in serious bodily injury does not require specific intent to cause serious bodily injury. The first paragraph of the Comment, dealing with the same issue, is deleted.
Element two of Instruction 6.18.242 (DEPRIVATION OF CIVIL RIGHTS (18 U.S.C. § 242) has been amended to include the "right to be free from an unreasonable seizure, which includes the right to be free from the use of excessive force by a police officer." The bracketed definition of aggravated sexual abuse now includes "attempts to do so." It now concludes with an admonition to insert a paragraph describing the government’s or prosecution’s burden of proof. The Notes and Comments have been thoroughly revised, now referencing United States v. Thao, 76 F.4th 773, 777 (8th Cir 2023), and United States v. Boen, 59 F.4th 983, 993-94 (8th Cir. 2023).
The end of Note 1 Instruction 6.18.666B (SOLICITATION OR ACCEPTANCE OF A BRIBE BY AN AGENT OF AN ORGANIZATION RECEIVING FEDERAL FUNDS (18 U.S.C. § 666(A)(1)(B))) has been amended to say that 18 U.S.C. § 1666 applies when the bribe is for the benefit of a business or similar entity, deleting the reference to an artificial entity. The beginning of Note 2 emphasizes that the "bribe and transaction at issue need not be related to the federal funds that give rise to federal jurisdiction." “[A]s a matter of statutory interpretation, § 666[((a)(1)(B)]) does not require the governmentGovernment to prove the bribe in question had any particular influence on federal funds….” United States v. Zimmermann, 509 F.3d 920, 926 (8th Cir. 2007) (quoting Salinas v. United States, 522 U.S. 52, 61 (1997));). Note 3 now cites by Snyder v. United States, 603 U.S. 1 (2024). The end of Note 5 no longer suggests selecting one or more of the alternatives definition of agents. Note 8, discussing Snyder. is new. The first paragraph of the Comments is deleted.
The Notes and Comments to Instruction 6.18.666C (BRIBERY OF AN AGENT OF A PROGRAM RECEIVING FEDERAL FUNDS (18 U.S.C. § 666(A)(2))) have been completely rewritten in light
of Snyder.
The Comments to Instruction 6.18.875A (INTERSTATE TRANSMISSION OF A RANSOM DEMAND (18 U.S.C. § 875(A))) now end with a paragraph discussing Counterman v. Colorado, 143 S. Ct. 2160, 2113 (June 27, 2023).
The discussion of Counterman in Instruction 6.18.875B (INTERSTATE TRANSMISSION OF AN EXTORTIONATE THREAT (18 U.S.C. § 875(B))) has been moved from Note 1 to Note 5.
Element three of Instruction 6.18.875C (INTERSTATE TRANSMISSION OF A THREAT (18 U.S.C. § 875(C))) now adds "consciously disregarding a substantial risk" to the mental states. Note 3 has been substantially rewritten in light of Counterman.
The discussion of Counterman in Instruction 6.18.875D (INTERSTATE TRANSMISSION OF AN EXTORTIONATE THREAT TO INJURE PROPERTY OR REPUTATION (18 U.S.C. § 875(D)))) has been moved from Note 1 to Note 5.
Instruction 6.18.922A has been retitled as "FELON OR OTHER PROHIBITED PERSON IN POSSESSION OF FIREARM OR AMMUNITION (18 U.S.C. § 922(G)(1))." The elements have been edited accordingly. Bracketed language in the Instruction reads: "[In deciding whether the defendant knew [he][she] had been convicted of a crime punishable by imprisonment for more than one year[, as required by the third element], you may consider whether the defendant reasonably believed that [his][her] civil rights had been restored, including [his][her] right to possess a firearm.]" A definition of "ammunition" has been added.
The Notes and Comments are substantially revised with discussions of Rahimi,
Bruen, other Second Amendment cases, and justification.
Instruction 6.18.922B has been retitled as DRUG USER IN POSSESSION OF FIREARM
OR AMMUNITION (18 U.S.C. § 922(G)(3)). Some of the language has been moved to a spot later in the Instruction, but the language is not changed. A definition of "ammunition" has been added. The Notes and Comments have been substantially revised in much the same way as 922A.
Instruction 6.18.922C has been retitled as "DOMESTIC VIOLENCE MISDEMEANANT IN POSSESSION OF FIREARM OR AMMUNITION (18 U.S.C. § 922(G)(9)). Note 1 is new, citing United States v. Hoeft, 128 F.4th 917, 921 (8th Cir. 2025). Note 5 is new, discussing multipliciy issues. Note 7, discussing knowledge of interstate shipping, is new. The Comment is thoroughly revised, addressing Second Amendment issues and justification.
Instruction 6.18.922D (PROHIBITED PERSON IN POSSESSION OF FIREARM OR AMMUNITION (18 U.S.C. § 922(g))) is new.
Former Instruction 6.18.922D (POSSESSION OR SALE OF A STOLEN FIREARM (18 U.S.C. § 922(J))) has been renumbered as 6.18.922E.
Instruction 6.18.924E (ESTABLISHING SEPARATE PREDICATE OFFENSES UNDER THE ARMED CAREER CRIMINAL ACT) is new, added in response to Erlinger v. United States, 602 U.S. 821 (2024).
Instructions 6.18.2241A (AGGRAVATED SEXUAL ABUSE BY FORCE OR THREAT
(18 U.S.C. § 2241(A))), 6.18.2241B-1 (AGGRAVATED SEXUAL ABUSE BY RENDERING UNCONSCIOUS
(18 U.S.C. § 2241(B)(1))), 6.18.2241B-2 (AGGRAVATED SEXUAL ABUSE BY ADMINISTRATION OF DRUG, INTOXICANT, OR OTHER SUBSTANCE (18 U.S.C. § 2241(B)(2))), 6.18.2241C-1 (AGGRAVATED SEXUAL ABUSE OF A CHILD UNDER 12 (18 U.S.C. § 2241(C))), 6.18.2241C-2 (AGGRAVATED SEXUAL ABUSE OF A CHILD BETWEEN 12 AND 16 BY FORCE OR THREAT (18 U.S.C. § 2241(C))), 6.18.2242A (SEXUAL ABUSE BY THREAT (18 U.S.C. § 2242(1))), 6.18.2242B (SEXUAL ABUSE OF AN INCAPACITATED PERSON (18 U.S.C. § 2242(2))), and 6.18.2242C (SEXUAL ABUSE WITHOUT CONSENT (18 U.S.C. § 2242(3))) are new.
The Comment to Instruction 6.18.2261A (STALKING (18 U.S.C. § 2261A)) now discusses First Amendment defenses post Counterman.
Instruction 6.26.7203 has been retitled FAILURE TO FILE A TAX RETURN, SUPPLY INFORMATION, OR PAY TAX (26 U.S.C. § 7203). The language of the instructions was changed to reflect those alternate theories. The discussion of legal preconditions to file has been deleted. An admonition to insert language regarding the burden of proof was added. The Comments and Notes have been thoroughly rewritten.
Instruction 6.26.7206 has been retitled
MAKING AND SUBSCRIBING A FALSE INCOME
TAX RETURN, STATEMENT, OR DOCUMENT (26 U.S.C. § 7206(1)). The language of the instructions was changed to reflect those alternate theories. The paragraph discussing materiality has been revised. The Comments and Notes have been thoroughly rewritten.
Instruction 6.33.1311(A) has been retitled KNOWING DISCHARGE OF POLLUTANT IN VIOLATION OF THE CLEAN WATER ACT (33 U.S.C. §§ 1311)
, 1319(C)(2)(A)). The Instruction has been rewritten to reflect the additional theory. "Conditional contaminant" has been removed from the definition of "pollutant." "This term does not include agricultural storm water discharges/runoffs and return flows from irrigated agriculture" has been removed from the definition of "point source." The definition of "navigable waters" and "waters of the United States" now read:
“Navigable waters” means the waters A “water
of the United States, including" includes only relatively permanent, standing or continuously flowing bodies of water forming geographical features that are ordinarily described as streams, oceans, rivers, and lakes.
[A “water of the United States” includes interstate waters and their tributaries.]
[A wetland is part of “a water of the United States” if the wetland is adjacent to, and as a practical matter, indistinguishable from a body of water that itself constitutes a “water of the United States”].
[A “water of the United States” also includes territorial
seas].
The last sentence of the Instruction has been deleted. The Notes and Comments have been thoroughly rewritten.
Instruction 7.06 (CORRUPTLY) is new.