2C:27-5
The statute upon which this indictment is based reads in pertinent part as follows:
A person commits a crime . . . if he harms another by any unlawful act with purpose to retaliate for or on account of the service of another as a public servant.
There are four (4) elements of this offense that the State must prove beyond a reasonable doubt. They are:
(1) that the defendant harmed another,
(2) that the harm was the result of an unlawful act committed by the defendant,
(3) that the defendant's purpose was to retaliate, and
(4) that the retaliation was for an official act done in the capacity of a public servant.
Let me explain each of these elements:
First, you must find beyond a reasonable doubt that the defendant harmed another, namely . "Harm" means any loss, disadvantage or injury or anything so regarded by the person affected. It includes loss, disadvantage or injury to any other person or entity in whose welfare (he/she) is interested.1
Second, the State must prove beyond a reasonable doubt that defendant committed an unlawful act which caused this harm. The unlawful act that the State alleges that defendant committed is that of (insert offense). A person that another within the meaning of the law commits an unlawful act. is defined elsewhere in our laws as follows:
In short, with regard to the second element of the first count, the State must prove beyond a reasonable doubt that the defendant committed an unlawful act namely .
The third element the State must prove beyond a reasonable doubt is that the defendant's purpose in committing the unlawful act was to retaliate against .
A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if he is aware of the existence of such
1 N.J.S.A. 2C:27-1(c).
RETALIATION FOR PAST OFFICIAL ACTION
(N.J.S.A. 2C:27-5)
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circumstances or he believes or hopes that they exist. That is he means to do what he does. "With purpose," "designed," "with design," or equivalent terms have the same meaning.
Retaliation means to "pay back" or "get even" with another by inflicting harm on the person for something that person did or perceived to have done previously to the actor.
The last element the State must prove beyond a reasonable doubt is that the retaliation is for a past official action done by a public official.
The State alleges that the prior action for which it claims _________________ was retaliating was .
may be considered by you as an official action.
"Public servant" means any officer or employee of government.2 The State claims that was acting as when (he/she) .
To recap, the State must prove beyond a reasonable doubt:
1. that defendant harmed another,
2. that the harm was the result of an unlawful act committed by the defendant,
3. that the defendant's purpose was to retaliate, and
4. that the retaliation was for an official act done in the capacity of a public servant.
If you find that the State has not proven each and everyone of these elements beyond a reasonable doubt, you must find the defendant guilty.
If you find that the State has not proven any one of these elements beyond a reasonable doubt, you must find defendant not guilty.
2 See N.J.S.A. 2C:27-1(g) for complete definition.
