1453
Conspiracy to Tamper with a Consumer Product
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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 USAM 9-63.1100] | |