AGGRAVATED ARSON, OF CHURCH, jury charge (N.J.S.A. 2C |
AGGRAVATED ARSON, ARSON, FIRST DEGREE ARSON OF CHURCH, SYNAGOGUE, TEMPLE OR OTHER PLACE OF PUBLIC WORSHIP model jury charge
(N.J.S.A.2C:17-1g)
Count __ of the indictment charges the defendant with [aggravated arson] [arson] of a [church] [synagogue] [temple] [place of public worship].
[Charge Aggravated Arson, Arson or First Degree Arson]
This count of the indictment also alleges that the structure which was the target of the offense was a [church] [synagogue] [temple] [place of public worship], specifically: [describe the charged premise][1]If you find that the State has proven each of the elements I have previously described, then you must determine whether it has also proven, beyond a reasonable doubt, that the target of the offense was a [church] [synagogue] [temple] [place of public worship].
In order for you to determine that the [church] [synagogue] [temple] [place of public worship] was the target[2]of the charged arson, the State must prove beyond a reasonable doubt that it was the defendants purpose to [destroy][3][destroy or damage][4]a [church] [synagogue] [temple] [place of public worship].I have already defined purposely for you.
If you find that the State has failed to prove this additional element beyond a reasonable doubt, but has proven beyond a reasonable doubt that defendant has committed [arson for hire] [aggravated arson] [arson], then you must find the defendant not guilty of [arson for hire][aggravated arson] [arson] of a [church] [synagogue] [temple] [place of public worship], but guilty of[arson for hire] [aggravated arson] [arson].On the other hand, if you find that the State has proven beyond a reasonable doubt all of the elements of [arson for hire] [aggravated arson] [arson] and this additional element, then you must find the defendant guilty of [arson for hire] [aggravated arson] [arson] of a [church] [synagogue] [temple] [place of public worship].Finally, if you find that the State has failed to prove any of the elements of [arson for hire] [aggravated arson] [arson] beyond a reasonable doubt, then you must find the defendant not guilty.
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Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.
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