OF MONEY OR VALUE OF
PROPERTY INVOLVED
(N.J.S.A. 2C:20‑2b) model jury charge
The State must prove the amount (or value) of the
property beyond a reasonable doubt. If you find the defendant guilty of the
offense, then you must indicate whether you find the amount of money (or value
of the property) involved:
[Choose appropriate
sections]
(1) is $75,000.00
or more;
(2) exceeds
$500.00, but is less than $75,000.00;
(3) is at least
$200.00, but does not exceed $500.00; or
(4) is less than
$200.00.
[Charge where
appropriate]
Value means the fair market value of the property at the
time and place of the alleged theft.[1]
Fair market value is the price that a buyer would be willing to pay and a
seller would be willing to accept if both parties were aware of all the
relevant surrounding circumstances and neither party were under any compulsion
to buy or sell.
The State has the burden of proving the fair market value
of the property involved. This means that the State must prove beyond a
reasonable doubt that the property is worth what the State claims.
[Charge where
appropriate]
If you find that the amounts involved were taken in
thefts committed pursuant to one scheme or course of conduct, the amounts may
be added together to form a single total amount, whether stolen from one person
or from several persons.[2]
NOTE
The foregoing charge is for use when grading is dependent
on the amount of money or value of the property involved. Under N.J.S.A.
2C:20-2b, other factors may also determine grading, as follows:
(1) Theft
is a crime of the second degree if:
(Select appropriate
section)
(a) The amount involved is $75,000.00 or
more;
(b) The property is taken by extortion;
(c) The property stolen is a controlled dangerous
substance or controlled substance analog as defined in N.J.S.A. 2C:35‑2
and the quantity is in excess of one kilogram; or
(d) The property stolen is a person’s benefits under federal or
State law, or from any other source, which the Department of Human Services or
an agency acting on its behalf has budgeted for the person’s health care and
the amount involved is $75,000.00 or more;
(e) The property stolen is human remains or any part
thereof.
(2) Theft is a crime of the third degree if:
(Select appropriate
section)
(a) The amount involved exceeds $500.00 but is less
than $75,000.00;
(b) The property stolen is a firearm, motor
vehicle, vessel, boat, horse, domestic companion animal[3] or
airplane;
(c) The property stolen is a controlled dangerous substance or
controlled substance analog as defined in N.J.S.A. 2C:35‑2 and the
amount involved is less than $75,000.00 or is undetermined and the quantity is
one kilogram or less;
(d) It is from the person of the victim;
(e) It is in breach of an obligation by a
person in his capacity as a fiduciary;
(f) It is by threat not amounting to
extortion;
(g) It is of a public record, writing or instrument kept, filed or
deposited according to law with or in the keeping of any public office or public
servant;
(h) The property stolen is a person’s
benefits under federal or State law, or from any other source, which the
Department of Human Services or an agency acting on its behalf has budgeted for
the person’s health care and the amount involved is less than $75,000.00;
(i) The property stolen is any real or personal property related
to, necessary for, or derived from research, regardless of value, including,
but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or
cold-blooded animals being used for research or intended for use in research,
supplies, records, data or test results, prototypes or equipment, as well as
any proprietary information or other type of information related to research;
(j) The property stolen is a New Jersey Prescription Blank as
referred to in R.S.45:14-14; or
(k) The property stolen consists of an access device or a defaced
access device.
(3) Theft is a crime of the fourth degree if
the amount involved is at least $200.00 but does not exceed $500.00.
(4) If the amount is less than $200.00, the
offense constitutes a disorderly persons offense.