Is a jury instruction misstated the elements of a statutory crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Freeman, 6 F.3d 586 (9th Cir. 1993):

"Whether a jury instruction misstates the elements of a statutory crime is a question of law reviewed de novo." United States v. Johnson, 956 F.2d 197, 199 (9th Cir.1992).

Jury instruction # 40 provided:

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