INFERENCES ‑ THEFT BY RECEIVING STOLEN PROPERTY
(N.J.S.A. 2C:20‑7(b)) model jury charge
You
may infer that defendant had this requisite knowledge or belief if you find
(Charge whichever alternative(s)
is/are appropriate)
(1) Defendant was found in possession or
control of two or more items of property stolen on two or more separate
occasions,
or
(2) Defendant has received stolen property in
another transaction within the year preceding the transaction charged,
or
(3) Defendant was a person in the business of
buying or selling property of the sort received and acquired the property
without having ascertained by reasonable inquiry that the person from whom he/she obtained it had a legal right to possess and dispose of it,
or
(4) Defendant was found in possession of two
or more defaced access devices.[1]
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.[2]
[1] “Access device” means property
consisting of any telephone calling card number, credit card number, account
number, mobile identification number, electronic serial number, personal
identification number, or any other data intended to control or limit access to
telecommunications or other computer networks in either human or computer
readable form, either copy or original, that can be used to obtain telephone
service. N.J.S.A. 2C:20-1(s).
“Defaced access device” means any
access device, in either human readable or computer readable form, either copy
in any manner from its original configuration. N.J.S.A. 2C:20-1(t).