CRIMINAL MISCHIEF RESEARCH FACILITY PROPERTY
N.J.S.A. 2C:17-3b(3)model jury charge
Count of the indictment charges defendant with committing the offense of criminal mischief by[insert aspect[s] of offense alleged in the indictment]. In pertinent part, the indictment alleges that
(Read material part of Countto jury)
Defendant is charged with violating a provision of our law that provides that a person is guilty of criminal mischief ifhe/shedamages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by a research facility or otherwise causes physical disruption to the functioning of the research facility.
In order to convict defendant of this offense, you must find that the State has proved beyond a reasonable doubt each of the following three elements:
1.That(name of location)is a research facility;
2.That defendant damaged/defaced/eradicated/altered/received/released/caused the loss of research property used by(name of research facility);
[OR, IN THE ALTERNATIVE]
2.That defendant caused physical disruption to the functioning of(name of research facility), and
3.That defendant acted purposely, knowingly or recklessly whenhe/shecommitted the[damage/defacement-physical disruption.][1]
The first element that the State must prove beyond a reasonable doubt is that(name oflocation)is a research facility.Research facility means any building, laboratory, institution, organization, school, or person engaged in research, testing, educational or experimental activities, or any commercial or academic enterprise that uses warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education and includes, but is not limited to, any enclosure, separately secured yard, pad, pond, vehicle, building, structure or premises or separately secured portion thereof used for research purposes.[2]
The second element that the State must prove beyond a reasonable doubt is that defendant damaged/defaced/eradicated/altered/received/released/caused the loss of research property used by(name of research facility).
[OR, IN THE ALTERNATIVE/CHARGE AS APPROPRIATE]
The second element that the State must prove beyond a reasonable doubt is that defendant caused physical disruption to the functioning of(name of research facility).Physical disruption means interference, interruption or destruction of any operation of a research facility but does not include any lawful activity that results from public, governmental or research facility employee reaction to the disclosure of information about the research facility.[3]
The third element that the State must prove beyond a reasonable doubt is that defendant acted purposely, knowingly or recklessly whenhe/shecommitted the[damage/defacement - physical disruption].A person acts purposely with respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious object to engage in conduct of that nature or to cause such a result.A defendant acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances or believes or hopes that they exist.[4]In other words, for you to find that defendant acted purposely, you must be satisfied beyond a reasonable doubt that it washis/herpurpose or conscious object to(damage, deface, etc., research property)used by(name of research facility)[or, in the alternative]to cause physical disruption to the functioning of(name of research facility).
A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A defendant acts knowingly with respect to a result ofhis/herconduct if defendant is aware that it is practically certain thathis/herconduct will cause such a result.[5]Thus, for you to find that defendant acted knowingly, you must be satisfied beyond a reasonable doubt that defendant knew whathe/shewas doing and that defendant was aware that the nature ofhis/herconduct and the attendant circumstances were such as to make it practically certain that defendants conduct would(damage, deface, etc., researchproperty)used by(name of research facility)[or, in the alternative]would cause physical disruption to the functioning of(name of research facility).
A person acts recklessly whenhe/sheconsciously disregards a substantial and unjustifiable risk.A conscious disregard requires that defendant actually be aware of the risk, but thathe/sheignores it anyway.The risk must be of such a nature and degree that, considering the nature and purpose of defendants conduct and the circumstances known tohim/her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the same situation.[6]In other words, for you to find that defendant acted recklessly, you must be satisfied beyond a reasonable doubt that defendant was aware of and disregarded a substantial and unjustifiable risk thathis/herconduct would(damage, deface, etc., research property)used by(name of research facility)[or, in the alternative]would cause physical disruption to the functioning of(name of research facility).
You should understand that purpose, knowledge and recklessness are conditions of the mind.They cannot be seen.They can only be determined by inferences from conduct, words or acts.Therefore, it is not necessary for the State to produce witnesses to testify that defendant stated, for example, thathe/sheacted purposely, knowingly or recklessly whenhe/shedid a particular thing.It is within your power to find that proof of purpose, knowledge or recklessness has been furnished beyond a reasonable doubt by inferences which may arise from the nature of the acts and the surrounding circumstances.The place where the acts occurred and all that was done or said by defendant preceding, connected with, and immediately succeeding the events in question are among the circumstances to be considered.
If you find that the State has failed to prove beyond a reasonable doubt every element of the offense, you must find defendant not guilty.But if you determine that the State has proved beyond a reasonable doubt every element of criminal mischief as have been explained to you, you must find defendant guilty of that offense.
[1]N.J.S.A. 2C:17-3b(3) provides two ways in which this form of criminal mischief can be committed.It can occur if defendant (1) damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by a research facility or (2) if defendant otherwise causes physical disruption of the functioning of a research facility.Both of the above are third degree offenses irrespective of the amount of the pecuniary loss suffered by the research facility.
[2]SeeN.J.S.A. 2C:1-14p.
[3]SeeN.J.S.A. 2C:17-3b(3).
[4]SeeN.J.S.A. 2C:2-2b(1).
[5]SeeN.J.S.A. 2C:2-2b(2).
[6]SeeN.J.S.A. 2C:2-2b(3).
