ELEMENTS OF THE OFFENSE Sample Clauses
The "Elements of the Offense" clause defines the specific legal components that must be proven for a person to be found guilty of a particular crime. It typically outlines the required actions, intent, and circumstances that constitute the offense, such as the act itself and the mental state of the accused. By clearly listing these elements, the clause ensures that all necessary criteria are met before a conviction can occur, thereby protecting individuals from wrongful prosecution and ensuring fairness in the legal process.
ELEMENTS OF THE OFFENSE. The elements of the charged offense are that:
ELEMENTS OF THE OFFENSE. [Insert the following elements for any case involving any interstate commerce -- The elements of the charged offense are that:
ELEMENTS OF THE OFFENSE. The defendant acknowledges understanding the nature and elements of the offense with which defendant has been charged and to which defendant is pleading guilty. The elements of Count One are:
ELEMENTS OF THE OFFENSE. [Insert elements for each count charged. Insert the following elements for any count involving any interstate commerce – The elements of the charged offense are that:
ELEMENTS OF THE OFFENSE. The elements of the charged violations of 15 U.S.C. § 1 are that:
ELEMENTS OF THE OFFENSE. To prove the offense alleged in Count One of the indictment, charging a violation of 18 U.S.C. §§ 371, 1030(a)(5)(A) and 1030(a)(7)(C), that is, Conspiracy to Commit Fraud and Related Activity in Connection with Computers, the government must prove each of the following elements beyond a reasonable doubt:1
ELEMENTS OF THE OFFENSE. In order to sustain its burden of proof, the Government is required to prove the following:
a. That, in North Charleston, South Carolina, the defendant deprived ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇., of the right to be free from the unreasonable and excessive use of force by a law enforcement officer, a right secured by the Fourth Amendment to the United States Constitution;
b. That the defendant acted under color of law;
c. That the defendant acted willfully; and
d. That bodily injury or death resulted, or that the offense involved the use of a dangerous weapon.
ELEMENTS OF THE OFFENSE. 14 At a trial, the government would have to prove beyond a reasonable doubt the following 15 elements of Count 1 to which the defendant is pleading guilty, making and subscribing a false tax return 16 in violation of 26 U.S.C. § 7206(1):
17 1. The defendant signed and filed a tax return for the 2016 tax year that she knew contained 18 incorrect information as to a material matter;
19 2. The return contained a written declaration that it was being signed subject to the penalties 20 of perjury; and
21 3. In filing the false tax return, the defendant acted willfully.
ELEMENTS OF THE OFFENSE. The defendant acknowledges understanding the nature and elements of the offense with which the defendant has been charged and to which the defendant is pleading guilty. The elements of the offense (Bid Rigging in violation of the ▇▇▇▇▇▇▇ Act) are:
ELEMENTS OF THE OFFENSE. 19 At a trial, the government would have to prove beyond a reasonable doubt the following 20 elements of the offense(s) to which the defendant is pleading guilty, 26 U.S.C. § 7206(2) – Aiding or 21 Assisting in the Preparation and Presentation of False and Fraudulent Tax Returns: 22 • First, the defendant aided, assisted, advised, procured, or counseled R.B. in the 23 preparation or presentation of an income tax return that was false or fraudulent; 24 • Second, the income tax return was false or fraudulent as to any material matter necessary 25 to a determination of whether income tax was owed; and 26 • Third, the defendant acted willfully.