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1453. Conspiracy To Tamper With A Consumer Product

Subsection (e) of 18 U.S.C. § 1365 prohibits conspiracies to tamper with consumer products. It is sufficient that the conspiracy charged under §  1365(e) allege only the elements of the offense: that is, that the agreement to tamper was done with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk. However, one district court has held that it may be necessary for the prosecution to submit a bill of particulars to inform the defendants of the risks of death or bodily injury they are accused of creating, the degree and source of their claimed knowledge (if any) of those risks, and the facts establishing their reckless disregard or extreme indifference of the risks. United States v. Acosta, 1992 WL 367121 (S.D.N.Y. 1992).

[cited in JM 9-63.1100]

Updated January 17, 2020