(N.J.S.A. 2C:20‑1.1) model jury charge
Any
removal, erasure, defacement, alteration, destruction, covering or other change
to an access device[2]
from its original configuration performed by any person other than an
authorized manufacturer of, or service provider to access devices may be
inferred[3] to be
for an unlawful purpose.
An
inference is a deduction of fact that may be drawn logically and reasonably
from another fact or group of facts established by the evidence. Whether or not
an inference should be drawn is for you to decide using your own common sense,
knowledge and everyday experience. Ask yourselves is it probable, logical and
reasonable. However, you are never required or compelled to draw an inference.
You alone decide whether the facts and circumstances shown by the evidence
support an inference and you are always free to draw or not to draw an
inference. If you draw an inference, you should weigh it in connection with all
the other evidence in the case keeping in mind that the burden of proof is upon
the State to prove all the elements of the crime beyond a reasonable doubt.[4]
[1] This
section should be utilized in conjunction with a theft prosecution under N.J.S.A.
2C:20-1 when the theft involves an access device.
[2] Access
device is defined in N.J.S.A. 2C:20-1s. Defaced access device is defined
in N.J.S.A. 2C:20-1t.
[3] The
statute speaks in terms of “presumption” but must be construed as creating an
inference. See N.J.R.E. 303.