CRIMINAL MISCHIEF
– GRAVE TAMPERING
N.J.S.A.
2C:17-3b(6) model jury charge
Count of the indictment charges defendant with
committing the offense of criminal mischief by (insert allegation of
indictment). In pertinent part,
the indictment alleges that
(Read
material part of Count to jury)
Defendant is charged with violating
a provision of our law that provides that a person is guilty of criminal
mischief if he/she tampers with a grave, crypt, mausoleum or other site where human
remains are stored or interred, with the purpose to desecrate, destroy or steal
such human remains or any part thereof.
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 (location)
is a grave/crypt/mausoleum/or other site where human remains are stored or
interred;
2. That defendant
tampered with that (grave/crypt/mausoleum/burial sight); and
3. That defendant acted with the purpose to desecrate, destroy or
steal human remains or any part thereof.
The first element that the State
must prove beyond a reasonable doubt is that (location) is a
grave/crypt/mausoleum/or other site where human remains are stored or interred.
The second element that the State
must prove beyond a reasonable doubt is that defendant tampered with that (grave/crypt/mausoleum/burial
site). Regarding this element,
to tamper with means to interfere with another person's property regardless of
whether the property interfered with is actually damaged.[1]
The third element that the State
must prove beyond a reasonable doubt is that defendant acted with the purpose
to desecrate, destroy or steal human remains or any part thereof. To desecrate means to deface, damage or
pollute.[2] To steal means to take unlawfully the
property of another person with the intent to permanently deprive that person
of the property.[3]
A defendant acts purposely with
respect to the nature of his/her
conduct or a result thereof if it is his/her
conscious object to engage in conduct of that nature or to cause such a
result. A defendant acts purposely with
respect to attendant circumstances if he/she is 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 was defendant's purpose or conscious object to tamper with a
grave/crypt/mausoleum/burial site in order to desecrate, destroy or steal human
remains or any part thereof.
You should understand that purpose
is a condition of the mind. It cannot be
seen. It 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, that he/she acted purposely when he/she did a particular thing.
It is within your power to find that proof of purpose has been furnished
beyond a reasonable doubt by inference 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 any 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 that have been explained to you, you must find defendant
guilty of that offense.[5]
[5] Criminal mischief pursuant to See
N.J.S.A. 2C:17-3b(6) is a third degree offense irrespective of any
pecuniary loss suffered. The related
offenses of theft of human remains contrary to See N.J.S.A.
2C:20-2e and unlawful desecration, damage or destruction of human remains contrary
to N.J.S.A. 2C:22-1a(2) are second degree offenses.