O83.5B Child Pornography: Possessing or Accessing with Intent to View (Computer or Digital Image that Appears Indistinguishable from Actual Minor but may not be of an Actual Person as Defined in 18 U.S.C. § 2256(8)(B))
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O83.5B
- Statute
- 18 U.S.C. § 2252A(a)(5)(B)
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 612
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:
(1) the Defendant knowingly [possessed] [accessed with intent to view] any child pornography;
(2) [that has been mailed] [that has been shipped or transported using any means or facility of interstate or foreign commerce] [that has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer] [that has been produced using materials that have been mailed] [that has been produced using materials that have been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer]; and
(3) the Defendant knew the material was child pornography.
Related practice page
Federal Child Pornography Shipping, Reproducing, Selling, and Possession Charges in Miami
Official source: Official PDF, page 612
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.