4.18.1952 Travel Act, 18 U.S.C. § 1952 See Statute
[Defendant] is charged with a violating the Travel Act. It is against federal law to [describe offense]. For you to find the defendant guilty of this crime, you must be convinced that the government has proven each of the following things beyond a reasonable doubt:
First, that [defendant] [traveled; caused someone else to travel] from one state to another or [in foreign commerce] or [used an interstate facility];
Second, that [he/she] did so with the intent to promote, manage, establish, carry on, or facilitate an unlawful activity [here violation of . . .]; and
Third, that [he/she] later performed or attempted to perform acts in furtherance of the unlawful activity.
(1) This instruction is based on United States v. Escobar-de Jesus, 187 F.3d 148, 177 (1st Cir. 1999), and United States v. Woodward, 149 F.3d 46, 65-68 (1st Cir. 1998). There are other forms of Travel Act violations which, if charged, would change the second element in the instruction. For certain penalties, a different third element (committing a crime of violence to further an unlawful activity) would have to be charged and proven beyond a reasonable doubt. 18 U.S.C. § 1952(a)(B).
(2) "Unlawful activity" is defined in 18 U.S.C. § 1952(b). The appropriate one(s) should be selected and specified in the charge.
(3) "[F]ederal courts have correctly applied § 1952 to those individuals whose agents or employees cross state lines in furtherance of the illegal activity." United States v. Fitzpatrick, 892 F.2d 162, 167 (1st Cir. 1989).