PROVIDING AN INMATE WITH
CONTRABAND[1]
(N.J.S.A. 2C:29‑6b) model jury charge
Under the circumstances
of this case, I charge you that you should also consider whether defendant has
committed the offense of providing contraband to an inmate of an institution or
a detention facility.
The relevant statute
provides that "A person commits a[n]...offense if he provides an inmate
with any other thing [than a weapon, tool or other thing which may be useful
for escape] which he knows or should know it is unlawful for the inmate to
possess."
To obtain a conviction on this charge, the State must
prove each of the following elements beyond a reasonable doubt:
(1) That defendant provided S1 to an inmate
of an institution or a detention facility;
(2) That S1 is not a weapon, tool or other
thing which may be useful for escape; and
(3) That defendant knew or should have known
that it was unlawful for the inmate to possess S1.
I have already defined the relevant terms for you. If you find that the State has failed to
prove any one or more of the elements of this offense beyond a reasonable doubt,
then your verdict should be Not Guilty.
On the other hand, if you find that the State has proven all of the
elements beyond a reasonable doubt, then your verdict should be Guilty.
[1]
Note: This is a lesser
included offense to the crime of providing an implement for escape to an inmate
of an institution or a detention facility under N.J.S.A. 2C:29‑6a. The following is not meant to stand alone,
but to serve as a supplement to the model charge entitled Escape Implements ‑
Introducing into Institution or Providing Inmate (N.J.S.A. 2C:29‑6a).
