DEFACEMENT OR DAMAGE OF PROPERTY BY PLACEMENT OF
SYMBOL, OBJECT OR GRAFFITI
N.J.S.A.
2C:33-11
The
________________ count of the Indictment charges the defendant _____________,
with the crime of purposely defacing or damaging the property of another by
placing a symbol, object or graffiti on the property. The statute on which this count of the
Indictment is based reads in pertinent part:
A person is guilty of a crime if he purposely defaces
or damages, without authorization of the owner or tenant, any private premises,
or property primarily used for religious, educational, residential, memorial,
charitable, or cemetery purposes, or for assembly of persons for purpose of
exercising any right guaranteed by law or by Constitution of this State
or of the United States by placing thereon a symbol, an object, a
characterization, an appellation, or graffiti that exposes another to threat of
violence.
In
order for you to find the defendant guilty of this charge, the State has the
burden of proving beyond a reasonable doubt each of the following four elements
of this crime:
1. That the
defendant purposely defaced or damaged a
(Choose the applicable clause)
a. private premises; or
b. property
primarily used for
(1) religious purposes; or
(2)
educational purposes; or
(3)
residential purposes; or
(4)
memorial purposes; or
(5)
charitable purposes; or
(6)
cemetery purposes; or
(7) assembly by persons for the purpose of
exercising any right guaranteed by law or by Constitution of this State or the United
States.
2. That
the defendant acted without the authorization of the owner or tenant of the
property.
3. That
the defendant damaged or defaced the property by placing thereon:
(choose the applicable description[s])
a. a
symbol;
b. an
object;
c. a characterization;
d. an appellation; or
e. graffiti
4. That the symbol, object,
characterization, appellation or graffiti placed on the property by the
defendant exposed another to the threat of violence.
In
each of the four elements that I have just outlined to you, I have used certain
words which I will now define for you.
In the first element, I stated that the defendant must act “purposely”
or “with purpose.” A person acts
purposely with respect to the nature of his/her conduct or a result thereof it is his/her conscious object to engage in conduct of that nature or to cause such
a result. A person acts purposely with
respect to the attendant circumstances if the individual is aware of the
existence of such circumstances or the individual believes or hopes that they
exist. One can be deemed to be acting
purposely if one acts with design, with a purpose, or with a particular object.
In other words, did the defendant really
mean to do what he/she did?
There are other words used in the
four elements that I will define for you:
(Choose the appropriate phrases applicable to the
facts of the case)
In
the first element:
1. To deface means: To spoil the surface
or appearance; or to impair the usefulness or value.
2. To damage is: To detrimentally affect the
quality or utility of property.
In
the second element:
1. Authorization is: To receive approval or
permission.
In
the third element:
1. Symbol is: Something that represents
something else by recognizable association, resemblance or convention.
2. An object is: Something perceptible,
especially to the sense of vision or touch.
3. Characterization is: A description or
representation of a person’s qualities or peculiarities.
4. Appellation is: A name or title.
5. Graffiti is: A drawing, slur or
inscription scratched on a wall or other surface.
In
the fourth element:
1. A threat is: An indication exposing one
to a fear of imminent or impending danger or harm.
2. Violence is: Physical force exerted for
the purpose of violating, damaging or abusing.
The
State must prove beyond a reasonable doubt all four of the elements that constitute
this offense. If you are satisfied,
beyond a reasonable doubt, that the State has proven each and every one of the
elements of this offense, as I have defined them, then you must find the
defendant guilty. However, if you find
that the State has failed to prove, beyond a reasonable doubt, any one or more
of the elements of this offense as I have defined them, then you must find the
defendant not guilty.
