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FELICE JOHN VITI, Acting United States Attorney (#7007)
CAROL A. DAIN, Assistant United States Attorney (#10065)
JOEY L. BLANCH, Assistant United States Attorney (#16665)
Attorneys for the United States of America
Office of the United States Attorney
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111-2176
Telephone: (801) 524-5682
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
UNITED STATES OF AMERICA, Case No. 2:24cr383 HCN
Plaintiff, JOINT PROPOSED JURY
INSTRUCTIONS AND VERDICT
vs. FORM
BRENT RICHARD JOHNSON,
Defendant.
Judge Howard C. Nielson, Jr.
COMES NOW the United States of America, by and through Felice John Viti,
Acting United States Attorney for the District of Utah, and Carol A. Dain and Joey L.
Blanch, Assistant U.S. Attorneys for said District, and provides the Court with the
following comprehensive packet of jury instructions and verdict form for the Court’s
//
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consideration. Counsel for the defendant informed the United States by email that he has
no objections and stipulates to the proposed instructions and verdict form.
Dated: July 8, 2025
Respectfully submitted,
FELICE JOHN VITI
ACTING UNITED STATES ATTORNEY
/s/ Carol A. Dain
CAROL A. DAIN
JOEY L. BLANCH
Assistant United States Attorneys
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PRELIMINARY INSTRUCTION NO. 1
MEMBERS OF THE JURY:
Thank you for your willingness to serve as jurors. I will now read some
preliminary instructions about the process we will follow throughout the trial. At the end
of the trial, I will provide more instructions about the law that governs the issues. During
the trial you should focus your attention on the facts of this case, as shown by the
evidence presented.
It will be your duty to find the facts from the evidence presented in court. I will
give you detailed instructions at the conclusion of the evidence on the law, the required
proof, and how you should proceed to reach a verdict. Nothing I may say or do during the
course of the trial is intended to indicate that I have any opinion about the facts of this
case nor should anything I say or do be taken as indicating what your verdict should be.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 2
This is a criminal case brought by the United States government. I will sometimes
refer to the government as the prosecution.
There are three basic rules about a criminal case that you must keep in mind.
First, the defendant is presumed innocent until proven guilty. The Indictment
against the defendant brought by the prosecution is only an accusation, nothing more. It is
not proof of anything. The defendant starts out with a clean slate.
Second, the burden of proof is on the prosecution. The defendant has no burden to
prove the defendant’s innocence, or to present any evidence, or to testify. Since the
defendant has the right to remain silent, the law prohibits you from arriving at your
verdict by considering the fact that the defendant may not have testified.
Third, the prosecution must prove the defendant’s guilt beyond a reasonable
doubt. I will give you further instructions on this point later but bear in mind that a
criminal case is different than a civil case in this respect.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 3
The charges against the defendant, Brent Richard Johnson, are stated in a
document called an Indictment. An Indictment is brought by the government against a
defendant and merely states the charges against a defendant. Its purpose is to give notice
of the charges against a defendant. It is only an accusation, nothing more. It is not proof
of guilt nor should you infer the defendant’s guilt merely because the government
brought the Indictment. Because the Indictment is not evidence of guilt, it may not be
considered as such by you.
Also, the defendant, Brent Richard Johnson, is not on trial for any act or conduct
not specifically charged in the Indictment.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 4
As I mentioned earlier, I will give you detailed instructions on the law at the end
of the case, and those instructions will guide your deliberations and your eventual verdict.
But in order to help you follow the evidence, I will now give you a brief summary of the
elements of the offenses that the prosecution seeks to prove.
COUNT 1
The defendant, Bent Richard Johnson, is charged with one count of Production of Child
Pornography in violation of 18 U.S.C. § 2251(a). This law makes it a crime for a person to
employ, use, persuade, induce, or entice a minor to engage in sexually explicit conduct for
the purpose of producing a visual depiction of such conduct, where the visual depiction
was produced using materials that had been mailed, shipped, or transported in or affecting
interstate or foreign commerce.
COUNT 2
The defendant, Bent Richard Johnson, is charged with one count of Possession of Child
Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). This law makes it a crime for a
person to knowingly possess child pornography, where the child pornography had been
produced using materials that had been mailed, shipped or transported in interstate or
foreign commerce by any means including by computer.
Hon. Judge Barlow’s Stock Preliminary Instruction
18 U.S.C. § 2251(a)
18 U.S.C. § 2252A(a)(5)(B)
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 5
The evidence from which you will find the facts will consist of the sworn
testimony of witnesses; documents and other things received as exhibits, regardless of
who may have produced them; and any facts the lawyers agree or stipulate to, or that I
may instruct you to find.
Certain things are not evidence and must not be considered by you. I will list them
for you now:
1. Statements, arguments, and questions by lawyers are not evidence.
2. Objections to questions are not evidence. Lawyers have an obligation to make
an objection when they believe evidence being offered is improper under the rules of
evidence. You should not be influenced by an objection or by my ruling on it. If the
objection is sustained, ignore the question. If it is overruled, treat the answer like any
other.
3. Testimony that I have excluded or told you to disregard is not evidence and you
must not consider it.
4. If you are instructed that testimony or evidence is received for a limited
purpose, it may only be considered for that purpose.
5. Anything you may have seen or heard outside the courtroom is not evidence and
must be disregarded. You must decide the case solely on the evidence presented here in
the courtroom.
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There are two kinds of evidence: direct and circumstantial. Direct evidence is
direct proof of a fact, such as testimony of an eyewitness. Circumstantial evidence is
proof of facts from which you may infer or conclude that other facts exist. I will give you
further instructions on these as well as other matters at the end of the case, but keep in
mind that you may consider both kinds of evidence.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 6
You are the sole judges of the credibility of the witnesses and the weight of the
testimony and evidence. In judging the weight of the testimony and the credibility of the
witnesses you may take into consideration: their bias; their interest in the result of the
case; their relationship to any of the parties; any probable motive or lack thereof to testify
fairly; their demeanor on the witness stand; the reasonableness of their testimony; their
frankness or candor, or the lack thereof; their opportunity to know; their ability to
understand; their capacity to remember; and the extent to which their testimony has been
either supported or contradicted by other credible evidence.
Inconsistencies or discrepancies in the testimony of a witness, or between the
testimony of different witnesses, may or may not cause you to discredit such testimony.
Two or more persons witnessing an incident or a transaction may simply see or hear it
differently. Innocent misrecollection, like failure of recollection, is not an uncommon
experience. In weighing the effect of a discrepancy, always consider whether it pertains
to a matter of importance or an unimportant detail, and whether the discrepancy results
from innocent error or intentional falsehood.
After making your own judgment, you will give the testimony of each witness
such weight, if any, you think it deserves. You may believe or disbelieve all or any part
of any witness’s testimony.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 7
You may hear the testimony of an expert witness. An expert witness is a witness
who, by education and experience, has expertise in some art, science, profession, or
calling. This witness may state opinions as to matters in which the witness is an expert
and may also state the reasons for the opinion.
But you are not bound by such an opinion. You should weigh expert opinion
testimony just as you weigh any other testimony.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 8 (If applicable)
The prosecution and the defendant have stipulated—that is they have agreed—to
certain facts. Therefore, you must treat these facts as conclusively proven. I will now read
the stipulated facts:
[INSERT STIPULATED FACTS]
[Craig, let’s discuss if we can come to stipulations)
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant.
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PRELIMINARY INSTRUCTION NO. 9
At the end of trial, you must make your decision based on what you recall of the
evidence and the exhibits received into evidence. You will not be provided with a
transcript or record of the trial. You will have the exhibits that are received into evidence.
I urge you to pay close attention to the testimony as it is given.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant
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PRELIMINARY INSTRUCTION NO. 10
You will be permitted to take notes during the course of the trial. If you do, leave
them in the jury room when you leave at night, and remember that they are for your own
personal use.
Of course, you are not obligated to take notes. If you do not take notes you should
not be unduly influenced by the notes of another juror.
Note-taking must not be allowed to interfere with the ongoing nature of the trial or
distract you from what happens here in court. Any notes taken by any juror concerning
this case should not be disclosed to anyone other than a fellow juror and at no other time
than during deliberations, which will occur only at the end of the trial.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant
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PRELIMINARY INSTRUCTION NO. 11
The court reporter is making stenographic notes of everything that is said. The
purpose is to have an accurate record of the proceeding and to assist any appeals. But this
record will not be available for your use during deliberations.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant
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PRELIMINARY INSTRUCTION NO. 12
During the trial it may be necessary for me to discuss legal matters with the
lawyers out of your hearing, either by having a conference here at the bench while you
are present in the courtroom, or by calling a recess. The length of these conferences may
vary. Please understand that while you are waiting, we are working. Also, please do not
speculate as to what we are discussing or why we are having these discussions.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant
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PRELIMINARY INSTRUCTION NO. 13
Now to your conduct as jurors. These instructions may seem odd, but they are
critically important, because if you violate these rules the trial and your verdict may be
invalid.
First, until this trial is over, you may not discuss the case or the evidence with
anyone, even fellow jurors.
Second, if anyone should try to talk to you about the subject of this case, bring it
to the attention of the courtroom deputy promptly.
Third, do not read or listen to anything touching on this case in any way. Do not
watch or listen to any news reports concerning this trial on television or on the radio, and
do not read any news accounts of this trial in a newspaper, on the internet, or on any
instant communication device or service, including smartphones, tablets, email, texts,
social media platforms such as Facebook, Twitter, or Instagram, and other devices and
services.
Fourth, do not try to do any research or make any investigation about the case on
your own. This means you must not consult any person or source, including internet
resources, on subjects related to this case. This includes the internet, reference books or
dictionaries, newspapers, magazines, television, radio, computers, smartphones, tablets or
any social media or electronic device. This also includes visiting any of the places
involved in this case, using Internet maps or Google Earth or any other source, talking to
possible witnesses, or creating your own experiments or reenactments.
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Fifth, when family, friends, colleagues, or anyone else asks what the case is about,
remember you cannot speak with them about the case. All you can tell them is that you
are on a jury, the estimated schedule for the trial, and that you cannot talk about the case
until it is over. This includes every form of communication you can imagine, including
not just speaking, but emails, text messages, tweets, blogs, chat room discussions,
comments or other postings, Facebook, Twitter, Instagram, LinkedIn, or any other social
media of any kind.
Sixth, to avoid even the appearance of improper conduct, do not talk to any of the
parties, the lawyers, or witnesses about anything until the case is over, even if your
conversation with them has nothing to do with the case. The lawyers and parties have
been given the same instruction about not speaking with you, so do not think they are
being unfriendly to you if they ignore you.
After the trial is over and I have released you from the jury, you may then discuss
the case with anyone. But you are not required to do so. I will give you more instructions
about this when you have returned your verdict.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant
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PRELIMINARY INSTRUCTION NO. 14
You must keep an open mind throughout the trial. Evidence can only be presented
one piece at a time. Do not form or express an opinion about this case while the trial is
going on. You must not decide on a verdict until after you have heard all of the evidence
and have discussed it thoroughly with your fellow jurors in your deliberations.
Hon. Judge Barlow’s Stock Preliminary Instruction
Submitted by the United States
No objection by Defendant
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PRELIMINARY INSTRUCTION NO. 15
The trial will generally proceed as follows:
1. Opening Statements. First, the government will make an opening statement,
outlining what the case is about and what it thinks the evidence will be. Next, the
defendant may, but does not have to, make an opening statement. Just as the Indictment is
not evidence, opening statements are neither evidence nor arguments. Their purpose is
only to help you understand what the evidence will be. It is a road map to show you what
is ahead.
2. Presentation of Evidence. The government will then present its witnesses and
other evidence. The defendant may cross-examine the government’s witnesses.
Following the government’s case, the defendant may, if he wishes, present witnesses,
whom the government may cross-examine. He may also introduce other evidence. If the
defendant submits other evidence, the government may introduce rebuttal evidence.
3. Instructions on the Law. After all the evidence is in, I will instruct you on the
law that you must apply.
4. Closing Arguments. Next, the lawyers will summarize and argue the case. They
will share with you their views of the evidence, how it relates to the law, and how they
think you should decide the case.
5. Jury Deliberations. The final step is for you to go to the jury room and discuss
the case among yourselves until you reach a verdict.
The trial will begin______, ______, at 9 a.m. Please be here by 8:45 a.m. so that
we may begin on time.
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Thank you for your attention as I have provided these instructions. And again,
thank you for your willingness to participate in this vital civic service.
Hon. Judge Barlow’s Preliminary Jury Instructions
Submitted by the United States
No objection by Defendant
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FINAL INSTRUCTIONS
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INSTRUCTION NO. 1
MEMBERS OF THE JURY
In any jury trial there are, in effect, two judges. I am one of the judges, you are the
other. I am the judge of the law. You, as jurors, are the judges of the facts. I presided over
the trial and decided what evidence was proper for your consideration. It is also my duty
at the end of the trial to explain to you the rules of law that you must follow and apply in
arriving at your verdict.
In explaining the rules of law you must follow, I will first give you some general
instructions that apply in every criminal case. Then I will give you some specific rules of
law that apply to this particular case. Finally, I will explain the procedures you should
follow in your deliberations and the possible verdicts you may return. You will be able to
take these instructions with you into the jury room, so there is no need to take notes.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 2
It is your duty as jurors to follow the law as stated in these instructions, and to
apply the law to the facts as you find them from the evidence.
You are not to single out one instruction alone as stating the law, but must
consider the instructions as a whole.
You are not to be concerned with the wisdom of any rule of law stated by these
instructions. You must not substitute your own opinion of what the law is or ought to be.
You should not read into these instructions, or anything else I have said or done,
any suggestion as to what your verdict should be. That is entirely up to you.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 3
You have been chosen and sworn as jurors in this case to try the issues of fact
presented by the allegations of the Indictment and the denial made by Brent Richard
Johnson’s “not guilty” plea. You are to perform this duty without bias or prejudice as to
any party. The law does not permit jurors to be governed by sympathy, prejudice, or
public opinion.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 4
An Indictment is a formal method of accusing the defendant of a crime. It is not
evidence of any kind against the defendant. The law presumes the defendant to be
innocent of the crimes charged. The defendant begins the trial with a “clean slate” with
no evidence against the defendant. Only the evidence presented to the jury is to be
considered in support of any charge against the defendant. The presumption of innocence
alone is sufficient to acquit the defendant, unless you are satisfied beyond a reasonable
doubt of the defendant’s guilt after careful and impartial consideration of all the evidence.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 5
As I have said before, the prosecution has the burden of proving the defendant’s
guilt beyond a reasonable doubt. Some of you may have served as jurors in civil cases,
where you were told that it is only necessary to prove that a fact is more likely true than
not true. In criminal cases, the prosecution’s proof must be more powerful than that. It
must be beyond a reasonable doubt.
There are very few things in this world that we know with absolute certainty, and
in criminal cases, the law does not require proof that overcomes every possible doubt. A
reasonable doubt is a doubt based on reason after careful and impartial consideration of
all the evidence.
The burden of proof is always upon the prosecution to prove that the defendant is
guilty beyond a reasonable doubt. This burden never shifts to the defendant. The law does
not require a defendant to prove his innocence or produce any evidence at all.
If, based on your consideration of the evidence, you are convinced that Brent
Richard Johnson has been proved guilty beyond a reasonable doubt, find the defendant
guilty. If you are not so convinced, find the defendant not guilty.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 6
A separate crime is charged in each count of the Indictment. Each count and the
evidence pertaining to it should be considered separately. The fact that you may find the
defendant guilty or not guilty as to one of the crimes charged should not control your
verdict as to any other count.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 7
You are here to decide whether the prosecution has proved beyond a reasonable
doubt that the defendant is guilty of the crimes charged in the Indictment. The defendant
is not on trial for any act, conduct, or crime not charged in the Indictment.
Also, it is not up to you to decide whether anyone who is not on trial in this case
should be prosecuted for the crime charged.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 8
The evidence in this case consists of the sworn testimony of the witnesses,
regardless of who may have called them; all exhibits received in evidence, regardless of
who may have presented them; and all facts that may have been admitted or stipulated.
Statements and arguments of counsel are not evidence in this case. When,
however, the parties stipulate or agree as to the existence of a fact, the jury must, unless
otherwise instructed, accept the stipulation and regard that fact as conclusively proved.
Any evidence to which I sustained an objection and any evidence that I struck
must be entirely disregarded.
Anything you may have seen or heard outside the courtroom is not evidence. You
must entirely disregard it.
You are to consider only the evidence in this case. However, in your consideration
of the evidence, you are not limited to the statements of the witnesses. On the contrary,
you are permitted to draw from the facts that you find have been proved such reasonable
inferences as seem justified in light of your experience. An inference is a deduction or
conclusion that reason would lead you to draw from facts that are established by the
evidence in the case. In the absence of such facts, you may not draw an inference.
As I said before, you should weigh all of the evidence in the case, affording each
piece of evidence the weight or significance that you find it reasonably deserves.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 9
You may consider both direct and circumstantial evidence. There is no difference
between the weight to be given to either direct or circumstantial evidence. Nor is a
greater degree of certainty required of circumstantial evidence than of direct evidence.
“Direct evidence” is the testimony of one who asserts actual knowledge of a fact,
such as an eyewitness.
“Circumstantial evidence” is proof of a chain of facts or circumstances indicating
the existence or the nonexistence of a particular fact, or the occurrence or nonoccurrence
of a particular event.
You should weigh all of the evidence in the case, giving each piece of evidence
the weight or significance that you find it reasonably deserves.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 10
At times during the trial, I sustained an objection to a question. When an objection
was sustained, it is your duty to disregard the question entirely. You may not speculate as
to what the witness might have said if he or she had been permitted to answer the
question.
Likewise, when I ordered the jury to disregard something you saw or heard, or
struck it from the record, you may not consider it or speculate about it. The same rule
applies to any exhibits I did not permit you to see. You may not speculate about what the
exhibit might have shown.
You must completely ignore all of these things. These things are not evidence. Do
not even think about them. You are bound by your oath not to let them influence your
decision in any way.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 11
As jurors, you are the sole judges of the credibility of witnesses and the weight
their testimony deserves. You may be guided by the appearance and conduct of the
witnesses, or by the way the witness testifies, or by the character of the testimony given,
or by evidence to the contrary of the testimony given.
You should carefully scrutinize all of the testimony given, the circumstances under
which each witness has testified, and every matter in evidence that tends to show whether
a witness is worthy of belief. Consider each witness’s intelligence, motive and state of
mind, and demeanor and manner while on the stand. Consider the witness’s ability to
observe the matters as to which he or she has testified, and whether he or she impresses
you as having an accurate recollection of these matters. Consider also any relation each
witness may bear to either side of the case; the manner in which each witness might be
affected by the verdict; and the extent to which, if at all, each witness is either supported
or contradicted by other evidence in the case.
Inconsistencies or discrepancies in the testimony of a witness, or between the
testimony of different witnesses, may or may not cause you to discredit such testimony.
Two or more persons witnessing an event may simply see or hear it differently. Innocent
misrecollection, like failure of recollection, is not an uncommon experience. In weighing
the effect of a discrepancy, always consider whether it pertains to a matter of importance
or an unimportant detail, and whether the discrepancy results from innocent error or
intentional falsehood.
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After making your own judgment, you will give the testimony of each witness
such weight, if any, you think it deserves. You may believe or disbelieve all or any part
of any witness’s testimony.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 12
Your decision should not be determined by the number of witnesses testifying for
or against a party. You should consider all the facts and circumstances in evidence to
determine which of the witnesses you choose to believe or not believe. You are allowed
to find that the testimony of a smaller number of witnesses on one side is more credible
than the testimony of a greater number of witnesses on the other side.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 13 (IF APPLICABLE)
The defendant has an absolute right under our Constitution not to testify.
You are not to discuss or consider the fact that the defendant did not testify when
deliberating and in arriving at your verdict. You may not draw any inference from the
fact that the defendant decided to exercise his constitutional privilege and did not testify.
Remember, the burden of proof is on the prosecution. The law never imposes upon
the defendant the burden or duty of calling any witnesses or of producing any evidence.
[ALTERNATE INSTRUCTION IF DEFENDANT TESTIFIES]
A defendant in a criminal trial has a constitutional right to testify on his own
behalf. You should consider and weigh the testimony the same as the testimony of the
other witnesses and determine the weight and credibility to be given to it by the same
rules that apply to witnesses generally.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 14
You have heard the testimony of law enforcement officers. You should judge the
testimony of law enforcement officers by the same standards as the testimony of other
witnesses.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 15
In some cases, such as this one, scientific, technical, or other specialized
knowledge may assist the jury in understanding the evidence or in determining a fact in
issue. A witness who has knowledge, skill, experience, training or education, may testify
and state an opinion concerning such matters.
You are not required to accept such an opinion. You should consider opinion
testimony just as you consider other testimony in this trial. Give opinion testimony as
much weight as you think it deserves, considering the education and experience of the
witness, the soundness of the reasons given for the opinion, and other evidence in the
trial.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 16
Certain charts and summaries have been shown to you to help explain the
evidence in this case. Their only purpose is to help explain the evidence. These charts and
summaries are not evidence or proof of any facts.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 17
If any reference by me or by the attorneys to matters of evidence does not coincide
with your own recollection, it is your recollection that should control during your
deliberations.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 18
It is the duty of the attorney on each side of the case to object when the other side
offers testimony or other evidence that the attorney believes is not properly admissible.
You should not show prejudice against any attorney or their client because the attorney
has made objections.
If I allowed testimony or other evidence to be introduced over the objection of any
attorney, this does not—unless I expressly stated—indicate any opinion as to the weight
or effect of any such evidence. As stated before, you are the sole judges of the credibility
of all witnesses and the weight and effect of all evidence.
If I have sustained an objection to a question addressed to a witness, you must
disregard the question entirely. You may not draw any inference from the wording of it or
speculate as to what the witness might have said if he or she had been permitted to
answer the question.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 19
If I have said or done anything in this case that makes it appear as if I have an
opinion about the guilt or innocence of Brent Richard Johnson, disregard it. You are the
sole judges of the facts and should in no way be influenced by what I have done here
except to follow my instructions on the law. Nothing said in these instructions and
nothing in the verdict form is meant to suggest or convey in any way or manner what
specific verdict I think you should find. You have the sole responsibility to decide the
verdict.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 20
The Indictment may state that a crime was committed “on or about” a certain date
or within a range of certain dates. Although it is necessary for the prosecution to prove
beyond a reasonable doubt that the crime was committed reasonably near the date or
range of dates alleged, it is not necessary for the prosecution to prove that the crime was
committed precisely on the date or range of dates charged.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 21
Count One: Elements
The defendant is charged in Count 1 with violating 18 U.S.C. §2251(a). This law
makes it a crime for a person to employ, use, persuade, induce, or entice a minor to engage
in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
To find the defendant guilty of this crime, you must be convinced that the government has
proved each of the following elements beyond a reasonable doubt:
1. The defendant employed, used, persuaded, induced, enticed or coerced Elizabeth
Hoffman to engage in sexually explicit conduct;
2. The defendant did so for the purpose of producing any visual depiction of such
conduct;
3. At the time of the production, Elizabeth Hoffman was under the age of 18 years;
4. The visual depiction was produced using materials that had been mailed, shipped,
or transported in or affecting interstate or foreign commerce, by any means,
including by computer; and
5. Some or all of these acts occurred in Utah.
18 U.S.C. § 2251(a) (statutory elements)
18 U.S.C. § 2256(1) (definition of minor)
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 22
Count Two: Elements
The defendant is charged in Count 2 with a violation of 18 U.S.C. § 2252A(a)(5)(B).
This law makes it a crime for a person to knowingly possess child pornography. To find
the defendant guilty of this crime, you must be convinced that the government has proved
each of the following elements beyond a reasonable doubt:
1. The defendant knowingly possessed any material that contained an image of child
pornography;
2. The defendant knew that the material was child pornography;
3. The child pornography had been produced using materials that had been mailed,
shipped or transported in or affecting interstate or foreign commerce, by any means
including by computer, and
4. Some or all of the defendant’s acts occurred in Utah.
If you find the United States has proven each of the elements as to Count 2 beyond
a reasonable doubt, you will be asked to answer the following question:
Do you find that an image visual depiction involved a prepubescent minor or minor
who had not attained the age of 12 years? ____ Yes _____No
18 U.S.C. § 2252A(a)(5)(B) (statutory elements); Pattern Crim. Jury Instr. 6th Cir. 16.08
(2023).
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 23
Definitions
The term “child pornography” means a visual depiction of sexually explicit conduct,
if:
(A) The production of the visual depiction involves the use of a minor engaged
in sexually explicit conduct;
(B) The visual depiction is a digital image, that is that of a minor engaging in
sexually explicit conduct; or
(C) The visual depiction has been created, adapted, or modified to appear that an
identifiable minor is engaging in sexually explicit conduct.
The term “visual depiction” includes an image stored on a computer disk or by
electronic means, which is capable of conversion into visual image, and data which is
capable of conversion into a visual image that has been transmitted by any means,
whether or not stored in a permanent format.
The term “Sexually explicit conduct” includes actual or simulated:
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the anus, genitals, or pubic area of any person;
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The term “Masturbation” means the stimulation, manipulation, or excitation of the
genitals for the purposes of exciting or stimulating the person being masturbated if that
person was an adult. This can include touching one’s own genitals or the act of touching
or rubbing someone else’s genitals.
The term a “lascivious exhibition” is one that potentially excites sexual desires or is
salacious. To determine whether a visual depiction is a lascivious exhibition of the genitals
or pubic area, you must consider the overall content of the visual depiction, while taking
into account the age of the child depicted. You may, but are not required to, consider the
following factors:
(A) Whether the focal point of the visual depiction is on the child’s genitals or
pubic area;
(B) Whether the setting of the visual depiction is sexually suggestive, i.e., in a
place or pose generally associated with sexual activity;
(C) Whether the child is depicted in an unnatural pose, or in inappropriate attire,
considering the age of the child;
(D) Whether the child is fully or partially clothed, or nude;
(E) Whether the visual depiction suggests sexual coyness or a willingness to
engage in sexual activity;
(F) Whether the visual depiction is intended or designed to elicit a sexual
response in the viewer.
A visual depiction need not involve all of these factors to be a lascivious exhibition,
and it is for you to decide the weight or lack of weight to be given to any of these factors.
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Exhibition of genitals or pubic area can encompass visual depictions of a child’s genital or
pubic area even when those areas are covered by clothing. It is not necessary that the visual
depiction be intended or designed to elicit a sexual response in the average viewer, and you
may consider whether the visual depictions would appeal to persons who are sexually
attracted to children.
The term “minor” means any person under the age of eighteen years.
Definition of “child pornography”: 18 U.S.C. § 2256(1)
Definition of “visual depiction”: 18 U.S.C. 2256(5) (); see also United States v. Sturm,
672 F.3d 891, 900 (10th Cir. 2012) (en banc).
Definition of “sexually explicit conduct”: 18 U.S.C. § 2256(2)(A) ()
Definition of “masturbation”: Oxford English Dictionary:
(https://www.oed.com/dictionary/ masturbation _n?tab=meaning_and_use#37776282)
(Masturbation: The stimulation, usually by hand, of one's genitals for sexual pleasure; the
action or practice of masturbating oneself or (less commonly) another person; an instance
of this.); Cambridge Online Dictionary (https://dictionary.cambridge.org/us/
dictionary/english/masturbation) (Masturbation, noun, “the act of touching or rubbing
your sexual organs in order to give yourself sexual pleasure: the act of touching or
rubbing someone's sexual organs in order to give them sexual pleasure.”); United States
v. Banks, 556 F. 3d 967, 978 (9th Cir. 2009).
Definition of “lasvicious exhibition”: United States v. Wiegand, 812 F.2d 1239, 1244 (9th
Cir. 1987); United States v. Wells, 843 F.3d 1251, 1253 (10th Circ. 2016), citing United
States v. Wolf, 890 F.2d 241, 243 (10th Cir. 1989), United States v. Dost, 636 F.Supp.
828, 832 (S.D. Cal. 1986); see also United States v. Grzybowicz, 747 F.3d 1296; (11th Cir.
2014)(no multi-factor analysis of “lascivious” is required to determine that any
reasonable jury would have found a photograph depicting digital penetration of a child’s
vagina is lascivious).
Submitted by the United States
No objection by Defendant
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FINAL INSTRUCTION NO. 24
“Knowingly” Defined
The term “knowingly,” as used in all of the above instructions to describe the
alleged state of mind of the defendant, means that the defendant acted knowingly if he
acted intentionally and voluntarily. While a defendant does not act knowingly if he acts
out of ignorance, mistake, accident, or carelessness, knowledge is established if a person
is aware of a high probability of its existence, unless he actually believes that the act does
not exist.
Knowingly means that the defendant knew that the image, or images constituted
child pornography. Knowingly means that the defendant was conscious and aware of his
actions, realized what he was doing or what was happening around him and did not act
because of ignorance, mistake or accident.
In this case, the term “knowingly” extends to an awareness that the material
depicted child pornography. The United States must show that the defendant had
knowledge of the general nature of the contents of the material. Although the defendant
need not know the specific content of the material or the actual age of the underage
subject, the defendant must have had an awareness, notice, reason to know, or belief or
ground for belief warranting further inspection, that the material contained child
pornography.
Such knowledge may be shown by direct or circumstantial evidence, or both.
Eyewitness testimony of the defendant’s viewing of the material is not necessary to prove
his awareness of its contents; the circumstances may warrant the inference that he was
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aware of what the material depicts. Furthermore, the defendant’s belief as to the legality
or illegality of the material is irrelevant.
United States v. Sturm, 2011 WL 6261657 and 1A O’Malley, Grenig and Lee, Federal
Jury Practice and Instructions, § 17.04 (5th ed. 2000) (modified to remove phrase “or
what was happening around him”); United States v. X-Citement Video, Inc. et al., 513
U.S. 64, 72 (1994) (“knowingly” in 18 U.S.C. § 2252 extends both to the sexually
explicit nature of the materials and to the minority of the performers); United States v.
Brown, 25 F.3d 307 (6th Cir. 1994) (18 U.S.C. § 2252 requires that the defendant know
the general nature of the materials involved).
Submitted by the United States
Defendant does not object to this instruction
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INSTRUCTION NO. 25
Produced Using Materials … In or Affecting Interstate Commerce
To understand the phrase “produced using materials that had been mailed, shipped,
or transported in interstate or foreign commerce,” you are instructed that an image or video
(a visual depiction) may be produced when computer equipment is used to record, copy,
download, store, or save the image or video. To prove that child pornography was produced
using materials that had been mailed, shipped, or transported in or affecting interstate or
foreign commerce, it is sufficient for the government to prove that the electronic device
upon which the child pornography files were saved was manufactured outside of the State
of Utah. The government does not have to prove that the defendant personally transported
the electronic device used to produce the images across a state line, or that the defendant
knew that the device had previously crossed a state line. It is for you to determine,
however, if the device had been mailed, shipped or transported in interstate or foreign
commerce.
Interstate commerce means commerce or travel between one state, territory or
possession of the United States and another state, territory or possession of the United
States, including the District of Columbia. Commerce includes travel, trade,
transportation and communication.
Foreign commerce means commerce between any part of the United States
(including its territorial waters), and any other country (including its territorial waters).
If you decide that there was any effect at all on interstate or foreign commerce,
then that is enough to satisfy this element. All that is necessary is that the natural and
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probable consequence of the acts the defendant took would be to affect interstate
commerce.
In determining whether computer equipment had been mailed, shipped, or
transported in interstate or foreign commerce, you may consider manufacturers’
inscriptions or labels identifying a product's country of origin.
Judge Barlow’s Stock Criminal Jury Instructions; Tenth Circuit Criminal Pattern Jury
Instruction 1.39, 1.39.1 (2021 Ed.); 18 U.S.C. § 10 (modified by the committee); United
States v. Hernandez Rodriguez, 845 F. App'x 743, 747 (10th Cir. 2021) (images copied or
downloaded to defendant’s foreign-made computer had been produced using materials
transported in interstate commerce); see also United States v. Dickson, 632 F.3d 186 (5th
Cir. 2011) (analyzing the “produced using materials” jurisdictional prong in a possession
case and finding images are “produced” when they are copied or downloaded onto CDs
made in China); United States v. Penton, 380 Fed. Appx. 818, 820 (11th Cir. 2010)
(analyzing the “produced using materials” jurisdictional prong stating, “[w]e have held that
the Government can satisfy the interstate commerce requirement of child pornography
statutes by showing that the computer equipment on which the images are stored traveled
in interstate commerce, regardless of where the images themselves were originally
produced.”); United States v. Caley, 355 Fed. Appx. 760 (4th Cir. 2009) (finding the
“produced using materials” jurisdictional prong met where images were copied onto a
computer); United States v. Zimmerman, 529 F. Supp.2d 778 (S.D. Tex. 2007) (finding the
“produced using materials” jurisdictional prong met in a Section 2251 case where images
were stored on a hard drive, external hard drive, and CDs made out of state); 3 Modern
Federal Jury Instructions-Criminal P. 62-01 (2021).
FRCP 902(7)(An inscription, sign, tag, or label purporting to have been affixed in the
course of business and indicating origin, ownership, or control is self-authenticating);
United States v. Boles, 914 F.3d 95, 109 (2nd Cir. 2019)(manufacturer’s inscriptions or
labels identifying a product’s country of origin are admissible for the purpose of proving a
device traveled in interstate or foreign commerce; c.f. United States v. Thody, 978 F.2d
625, 630-31 (10th Cir. 1992) (“[T]he manufacturer's imprint in the gun is not hearsay. It is
technically not an assertion by a declarant as contemplated by the [hearsay rule].”)
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 26
Count 1: Mistake of Age is No Defense
For the third element of Count 1, it is no defense to the charge that the defendant
may have been mistaken or misled as to the minor’s age.
United States v. Streett, 83 F.4th 842, 855–56 (10th Cir. 2023), cert. denied, No. 23-7321,
2024 WL 4426734 (U.S. Oct. 7, 2024)(§ 2251(a) does not require the defendant to know
that the minor is a minor.)
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 27
DEFINITION OF COMPUTER
The term “computer” means an electronic, magnetic, optical, electrochemical, or
other high speed data processing device performing logical, arithmetic, or storage
functions, and includes any data storage facility or communications facility directly
related to or operating in conjunction with such device, but such term does not include an
automated typewriter, or typesetter, a portable handheld calculator or other similar
device.
18 U.S.C. § 1030(e)(1)
18 U.S.C. § 2256(c)
Submitted by the United States.
Defendant does not object to this instruction.
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INSTRUCTION NO. 28
Ignorance of the Law is Not a Defense
It is not necessary for the prosecution to prove that the Defendant knew that a
particular act or failure to act is a violation of the law. Ignorance of the law or even a
mistake of law is not a defense.
See Cheek v. United States, 498 U.S. 192, 199, 111 S.Ct. 604, 609, 112 L.Ed.2d 617
(1991); See also, Modern Federal Jury Instructions, Instruction 8-5; 1 DEVITT &
BLACKMAR § 14.10
Submitted by the United States.
Defendant does not object to this instruction
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INSTRUCTION NO. 29
Single Image Sufficient
While the United States introduced evidence that it maintains proves that the
material identified in Count 1 of the Indictment contained more than one image or video
of child pornography, you are instructed that the United States is only required to prove
that the defendant produced a single image. To return a verdict of guilty on Count 1 of
the Indictment, you need not unanimously agree on every image. You must, however,
unanimously agree on at least one visual depiction.
Therefore, with respect to Count 1 of the Indictment, as long as you find beyond a
reasonable doubt that the defendant knowingly produced a single image or video, and that
the other elements of the offense have been proven beyond a reasonable doubt, you must
find the defendant guilty.
Similarly, while the United States introduced evidence that it maintains proves that
the material identified in Counts 2 of the Indictment contained more than one image of
child pornography, you are instructed that the United States is only required to prove that
the defendant possessed a single image. To return a verdict of guilty on Count 2 of the
Indictment, you need not unanimously agree on every image. You must, however,
unanimously agree on at least one visual depiction.
Therefore, with respect to Count 2 of the Indictment, as long as you find beyond a
reasonable doubt that the defendant knowingly possessed a single image, and that the
other elements of the offense have been proven beyond a reasonable doubt, you must find
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the defendant guilty.
18 U.S.C. § 2251(a)
18 U.S.C. § 2252A(a)(5)(b)
Submitted by the United States.
Defendant does not object to this instruction
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INSTRUCTION NO. 30
Attempt
The defendant may be found guilty of attempting to commit a crime, even though
he did not do all of the acts necessary in order to commit the crime. However, the
defendant may not be found guilty of attempting to commit any crime merely by thinking
about it, or even by making some plans or some preparation for the commission of a
crime.
Instead, in order to prove an attempt, the United States must prove beyond a
reasonable doubt that (1) the defendant intended to commit the crime; and that (2) the
defendant took a substantial step towards commission of that crime.
A "substantial step" is something beyond mere preparation. A substantial step is
an act which, in the ordinary and likely course of events, would lead to the commission of
the particular crime. The step must be a strong indication of the defendant's criminal
intent, and must unequivocally mark the defendant's acts as criminal. It should
demonstrate commitment to the crime charged.
10th Cir. Criminal Pattern Jury Instruction 1.32
Submitted by the United States.
Defendant does not object to this instruction.
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POST CLOSING INSTRUCTIONS
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INSTRUCTION NO. 31
You have now heard the closing arguments of the parties. In a few minutes, you
will be escorted to the jury room. Each of you will be permitted to take your copy of
these instructions with you. Any exhibits admitted into evidence will also be placed in the
jury room for your review.
When you go to the jury room, you should first select a foreperson, who will
preside over your deliberations and will be your spokesperson here in the courtroom.
I suggest that you should then review the instructions. Not only will your
deliberations be more productive if you understand the legal principles upon which your
verdict must be based, but for your verdict to be valid, you must follow the instructions
throughout your deliberations. Remember, you are the judges of the facts, but you are
bound by your oath to follow the law as stated in the instructions.
You will also be given the verdict form to take with you to the jury room. When
you have reached unanimous agreement as to your verdict, you will have the foreperson
fill it in, date and sign the form, and then return your verdict to the courtroom.
Your deliberations will be confidential. You will not be required to explain your
verdict to anyone.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 32
The attitude and conduct of jurors at the outset of their deliberations are matters of
considerable importance. It is rarely productive or good for a juror, upon entering the jury
room, to make an emphatic expression of an opinion on the case or to announce a
determination to stand for a certain verdict. When one does that at the outset, a sense of
pride may be aroused, and the juror may hesitate to recede from an announced position if
shown that it is wrong.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 33
The verdict must represent the considered judgment of each juror. In order to
return a verdict, it is necessary that each juror agree to the verdict. Your verdict must be
unanimous.
It is your duty, as jurors, to consult with one another, and to deliberate with a view
to reaching an agreement, if you can do so without violence to individual judgment. Each
of you must decide the case for yourself—but do so only after an impartial consideration
of the evidence in the case with your fellow jurors. In the course of your deliberations, do
not hesitate to re-examine your own view, and change your opinion, if convinced it is
erroneous. But do not surrender your honest conviction as to the weight or effect of
evidence solely because of the opinion of your fellow jurors, or for the mere purpose of
returning a verdict.
Remember at all times, you are not partisans. You are judges of the facts. Your
sole interest is to seek the truth from the evidence in the case, without speculation or
assumption.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 34
If you find the defendant guilty, it will be my duty to decide what the punishment
will be. You should not discuss or consider the possible punishment in any way while
deciding your verdict.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 35
If it becomes necessary during your deliberations to communicate with me, you
may send a note through the court security officer, signed by your foreperson or by one
or more jurors. No member of the jury should attempt to communicate with me, or any
other member of the court's staff, by any means other than a signed writing; and I, and
other members of the court’s staff, will never communicate with any member of the jury
on any subject touching the merits of the case, otherwise than in writing or orally here in
open court.
You will note from the oath the court security officer will take that the officer, as
well as any other person, is also forbidden to communicate in any way with any juror
about any subject touching the merits of the case.
Bear in mind also that you are not to reveal to any person—not even to me—how
the jury stands numerically or otherwise until you have reached a unanimous verdict.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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INSTRUCTION NO. 35
During your deliberations, you are able as a group to set your own schedule for
deliberations. You may deliberate as late as you wish or recess at an appropriate time set
by yourselves. You may set your own schedule for lunch and dinner breaks.
If your deliberations will go beyond today, please inform me by a note when you
recess for the evening and indicate at what time you intend to reconvene.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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POST-VERDICT INSTRUCTION
Your duty as jurors is complete and you are discharged from service. Thank you
very much for your service. Your attention, timeliness, and dedication are appreciated by
all the parties, attorneys, court staff, and public. You are now relieved of the instructions
I have given you not to talk or read or research about the case. You may do so if you
choose.
You must leave your notes and copies of the jury instructions in the jury room to
be destroyed.
You may be contacted by parties to the case, their attorneys, or the media. You are
under no obligation to speak to any of them. The court does not provide your contact
information, but we will accept mail directed to you and forward it from the jury office.
Consider carefully your obligation to and the feelings of your fellow jurors before
speaking with anyone about your service here. Because of the special relationship of
jurors to each other, I strongly recommend you never disclose the vote, discussions, or
inclinations of a fellow juror. You may of course discuss your own feelings or reactions
to evidence presented or your reaction to jury service.
I have instructed you to make your decision only on the basis of the evidence
presented in court and to ignore outside information or influence. So, as long as you kept
your oath to consider only the evidence in this case, there is no reason to speak with
anyone about your service here as a juror.
Again, thank you very much for your service.
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Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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If Applicable Instructions
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INSTRUCTION NO. __
PRIOR INCONSISTENT STATEMENTS BY A WITNESS
The testimony of a witness may be discredited by showing that the witness
testified falsely concerning a material matter, or by evidence that at some other time the
witness said or did something, or failed to say or do something, which is inconsistent
with the testimony the witness gave at this trial.
If a prior statement was made under oath, you may consider it as evidence of the
truth of the matter contained in that prior statement.
Otherwise, earlier statements of a witness were not admitted in evidence to prove
that the contents of those statements are true. You may consider the earlier statements
only to determine whether you think they are consistent or inconsistent with the trial
testimony of the witness and therefore whether they affect the credibility of that witness.
If you believe that a witness has been discredited in this manner, it is your exclusive right
to give the testimony of that witness whatever weight you think it deserves.
Hon. Judge Barlow’s Criminal General Jury Instructions
Submitted by the United States
No objection by Defendant
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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
UNITED STATES OF AMERICA, Case No. 2:24cr383 HCN
Plaintiff, VERDICT
vs.
BRENT RICHARD JOHNSON,
Defendant.
We, the jury duly empaneled in the above- entitled case, find the defendant BRENT
RICHARD JOHNSON, as to the offenses charged:
COUNT 1 of the Indictment: GUILTY____ NOT GUILTY _____
COUNT 2 of the Indictment: GUILTY____ NOT GUILTY _____
If you checked GUILTY on Count 2, please answer the following question:
Do you find that an image visual depiction involved a prepubescent minor or minor who
had not attained the age of 12 years? ____ Yes _____No
Dated this __ day of August, 2025.
________________________
FOREPERSON