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106.

Sample Jury Instruction -- Intent to Defraud or Mislead

Jury instructions in a Park misdemeanor case would include the same elements as in a felony case, except that the "intent to defraud or mislead" element of 21 U.S.C. § 333(a)(2) would be eliminated. In addition, an instruction of the following type would be required:

PERSON RESPONSIBLE

A defendant has introduced, delivered, or caused the introduction of a misbranded [or adulterated] food [or drug, device, etc.] into interstate commerce if the defendant, by reason of responsibility and authority of his position, introduced, delivered, or caused such introduction or delivery, of a misbranded food into interstate commerce.

Whether a defendant held a "position of responsibility or authority" at the time of the offense alleged in the indictment is for you, the jury, to determine. You may find that a defendant held a position of responsibility or authority if the government has proven beyond a reasonable doubt that the defendant had the responsibility or authority either to prevent any introduction or delivery of a misbranded food, or to correct any such introduction, and that the defendant failed to do so.

United States v. Park, 421 U.S. 658 (1975); United States v. Dotterweich, 320 U.S. 277, 281 (1943); United States v. Cattle King Packing Co., Inc., 793 F.2d 232, 239-41 (10th Cir. 1986); 2

Devitt and Blackmar, Federal Jury Practice and Instructions 䅱.07 (1990) (modified).

[cited in USAM 4-8.210; 4-8.245; Civil Resource Manual 104]