POSSESSION OF ALTERED MOTOR VEHICLE
(N.J.S.A. 2C:17-6b) model jury charge
Count _________ of the indictment charges
the defendant with possessing an altered motor vehicle or motor vehicle part in
violation of a statute which provides as follows:
A person who for an unlawful purpose
knowingly possesses any motor vehicle, or any of the parts thereof, from or on
which any [trademark] [distinguishing or identification number] [serial number
or mark] has been [removed] [covered] [altered] [changed] [defaced] [destroyed]
[obliterated] is guilty of an offense.
In order for the
defendant to be found guilty of possession of an altered motor vehicle, the
State must prove the following elements beyond a reasonable doubt:
(1) that the defendant possessed any motor vehicle, or any of the parts
thereof, from or on which any [trademark] [distinguishing or identification
number] [serial number or mark] has been [removed] [covered] [altered]
[changed] [defaced] [destroyed] [obliterated];
(2) that the defendant knew that the
[trademark] [distinguishing or identification number] [serial number or mark]
had been [removed] [covered] [altered] [changed] [defaced] [destroyed]
[obliterated] from the motor vehicle or any of the parts thereof; and
(3)
that the defendant did so for an unlawful purpose.
The first element
the State must prove beyond a reasonable doubt is that the defendant possessed
any motor vehicle, or any of the parts thereof, from or on which any
[trademark] [distinguishing or identification number] [serial number or mark]
has been [removed] [covered] [altered] [changed] [defaced] [destroyed]
[obliterated].
To
"possess" an item under the law, one must have a knowing, intentional
control of that item accompanied by a knowledge of its character. So, a person who possesses an item such as ___________
must know or be aware that he/she possesses it, and he/she must know what it is that he/she possesses or controls.
[Possession cannot merely be a passing control, fleeting or uncertain in
its nature.] To "possess" an item, one must
knowingly procure or receive an item or be aware of his/her
control thereof for a sufficient period of time to have been able
to relinquish his/her
control if he/she chose to do so.
The State must
prove beyond a reasonable doubt that a possessor acted knowingly in possessing
the item. A person acts knowingly with respect to the nature of his/her
conduct or the attendant circumstances if he/she is aware that his/her
conduct is of that nature, or that such circumstances exist, or he/she is aware of the high probability of their existence. A person acts knowingly as to a
result of his/her
conduct if he/she is aware that it is practically certain that the conduct
will cause such a result.
"Knowing," "with knowledge" or equivalent terms have
the same meaning.
Knowledge 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 a particular defendant stated, for example, that he/she acted with knowledge when he/she had control over a particular thing. It is within your power to find that proof of
knowledge has been furnished beyond a reasonable doubt by inference which may
arise from the nature of the acts and the surrounding circumstances.
A person may
possess an item even though it was not physically on his/her
person at the time of the arrest, if he/she had in fact, at some time prior to his/her
arrest, had control over it.
[Possession means
a conscious, knowing possession, either actual or constructive.]
[A person is in
actual possession of an item when he/she: first, knows what it is, that is, has knowledge of its
character; and second, knowingly has it on his/her
person at a given time.]
[Possession may
be constructive instead of actual.]
[Constructive
possession means possession in which the possessor does not physically have the
item on his or her person but is aware that the item is present and is able to and
has the intention to exercise control over it.
So, someone who has knowledge of the character of an item and knowingly
has both the power and the intention at a given time to exercise control over
it, either directly or through another person or persons, is then in
constructive possession of that item.]
[Possession may
be sole or joint. If one person alone
has actual or constructive possession of an item, possession is sole. If two or more persons share actual or
constructive knowing possession of an item, possession is joint.]
A “motor vehicle” includes motor
bicycles, motorcycles, automobiles, trucks, tractors or
other vehicles designed to be
self-propelled by mechanical power, and otherwise than by muscular power,
except motor vehicles running upon or guided by rails or tracks.[1]
The second
element the State must prove beyond a reasonable doubt is the defendant knew
that the [trademark] [distinguishing or identification number] [serial number
or mark] had been [removed] [covered] [altered] [changed] [defaced] [destroyed]
[obliterated] from the motor vehicle or any of the parts thereof. I have already defined "knowingly"
for you.
The third element
the State must prove beyond reasonable doubt is that the defendant did so for
an unlawful purpose. Here the State
alleges the unlawful purpose to be ______________. [Defendant, on the other hand, claims that his/her
purpose in possessing the motor vehicle or its part(s) was
____________________________________________.]
[CHARGE THE
NEXT PARAGRAPH IF THE EVIDENCE
DOES NOT PRESENT A DEFENSE]
[If the State has
failed to prove any of the elements beyond a reasonable doubt, you must find
the defendant not guilty of the crime of possession of an altered motor vehicle
or part(s). If the State has proven
every element beyond a reasonable doubt, you must find the defendant guilty of
the crime of possession of an altered motor vehicle or part(s).]
[CHARGE IF
APPROPRIATE]
The defendant is not guilty of this
offense if:
within 10 days after the motor vehicle or
any part thereof shall have come into his possession, he files with the [Motor
Vehicle Commission] in the Department of Law and Public Safety a verified
statement showing: the source of his title, the proper trademark,
identification or distinguishing number, or serial number or mark, if known,
and if known, the manner of and reason for the mutilation, change, alteration,
concealment or defacement, the length of time the motor vehicle or part has
been held and the price paid therefor.
Defendant
contends that he/she is not guilty of the offense because he/she filed such a verified[2]
statement in the manner described by this statute. The State has the burden to prove, beyond a
reasonable doubt, every element of the crime charged. The State also has the burden to disprove,
beyond a reasonable doubt, the defense set forth in this statute. To disprove this defense, the State must
disprove, beyond a reasonable doubt, that defendant:
1. Filed a
verified statement with the Motor Vehicle Commission;
2. That
this verified statement showed the source of defendant's title, the proper
trademark, identification or distinguishing number, or serial number or mark,
if known;
3. That
this verified statement set forth the manner of and reason for the mutilation,
change, alteration, concealment or defacement, if known, and the length of time
the motor vehicle or part has been held and the price paid therefor; and
4. That
this verified statement was filed with the Motor Vehicle Commission within 10
days after the [motor vehicle] [part] came into defendant's possession.
If you find that
the State has proven beyond a reasonable doubt every element of the offense
charged and that the State has disproved beyond a reasonable doubt every
element of the defense I have described, you must find the defendant
guilty. If, however, you find that the
State has failed to prove beyond a reasonable doubt one or more of the elements
of this offense, or has failed to disprove the defense, you must find the
defendant not guilty.
[GRADING]
If you find that
the State has proven defendant guilty beyond a reasonable doubt of this crime,
then you must determine whether or not the State has proven beyond a reasonable
doubt that the value of the [motor vehicle] [motor vehicle parts] [exceeded
five hundred dollars] [does not exceed five hundred dollars but is at least two
hundred dollars] [is less than two hundred dollars]. “Value” is the fair market value of the
[motor vehicle] [motor vehicle part] at the time of the possession.[3]
[2] A
“verification” may be defined as a formal declaration made in the presence of
an authorized officer, such as a notary public or an attorney at law of the
State of New Jersey, by which one swears or affirms to the truth of the
statements in the document. See Black’s
Law Dictionary (7th ed.).
[3] N.J.S.A.
2C:1-14m.