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 defendant's
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.
[1] If
the defendant is convicted of aggravated arson, arson or first-degree arson,
and the target of his crime was a church, synagogue, temple or other place of
public worship, he is guilty of a crime of the first degree, and the sentence
imposed shall include a term of imprisonment.
The term of imprisonment shall include a fifteen year term of parole
ineligibility. N.J.S.A. 2C:17-1g.
[2] "Target"
is not defined in the statute.
"Target" is defined in the American Heritage Dictionary of the
English Language (3rd ed.) as, inter alia, "[s]omething
aimed or fired at."
[4] Use
"destroy or damage" if an aggravated arson is charged under N.J.S.A.
2C:17-1a(3) or N.J.S.A. 2C:17-1a(4), or if arson is charged under N.J.S.A.
2C:17-1b(2), N.J.S.A. 2C:17-1b(3) or N.J.S.A. 2C:17-1b(4).
