ABUSE/ABANDONMENT/CRUELTY/NEGLECT
OF CHILD
(PARENT/GUARDIAN/PERSON
HAVING CONTROL)
(N.J.S.A.
9:6-1; N.J.S.A. 9:6-3) model jury charge
Count ______ of the indictment charges
defendant with [abusing] [abandoning] [acting cruelly toward] [neglecting] a
child.
The statute upon which this count of the
indictment is based states in pertinent part:
Any parent, guardian or person having the
care, custody or control of any child who [abuses][abandons] [acts cruelly
toward] [neglects] a child . . . is guilty of a crime.
In order to find defendant guilty of this
crime, the State must prove beyond a reasonable doubt
1. That the victim was a child.
2. That the defendant was a [parent]
[guardian] [person having the care, custody or control] of the child.
3. That the defendant knowingly[1]
[abused] [abandoned] [acted cruelly toward] [neglected] the victim.
The first element that the State must
prove beyond a reasonable doubt is that (name of child) is a child. A “child” means any person under the age of
eighteen (18) years at the time of the offense.
The second element that the State must
prove beyond a reasonable doubt is that the defendant was a [parent] [guardian][2]
[person having the care, custody or control] of (name of child). [CHOOSE
APPROPRIATE] [Parent includes natural parent,[3]
stepfather and stepmother, adoptive or resource family parent] [The person
having the care, custody and control of any child means any person who has
assumed the care of a child, or any person with whom the child is living at the
time the offense is committed, including a teacher, employee or volunteer,
whether compensated or uncompensated, of an institution[4]
who is responsible for the child’s welfare, and a person who legally or
voluntarily assumes the care, custody, maintenance or support of the child]
[any other staff person of an institution regardless of whether or not the
person is responsible for the care or supervision of the child] [a teaching
staff member or other employee whether compensated or uncompensated of a day
school[5]].
[CHOOSE APPROPRIATE THIRD
ELEMENT]
The third element that the
State must prove beyond a reasonable doubt is that defendant knowingly abused
(name of child) by [choose appropriate[6]]
(a) disposing of (his/her) custody contrary
to law.
(b) employing or permitting (him/her) to be
employed in any vocation or employment injurious to (his/her) health or
dangerous to (his/her) life or limb, or contrary to the laws of New Jersey.
(c) employing or permitting (him/her) to be
employed in any occupation, employment or vocation dangerous to the morals of
the child.
(d) habitually using, in the hearing of (name
of child) profane, indecent or obscene language.
(e) performing any indecent, immoral or
unlawful act or deed in the presence of (name of child) that may tend to
debauch or endanger or degrade the morals of (name of child).
(f) permitting or allowing any other person
to perform any indecent, immoral or unlawful act or deed in the presence of
(name of child) that may tend to debauch or endanger or degrade the morals of
(name of child).
(g) using excessive physical restraint on
(name of child) under circumstances which did not indicate that (name of
child)’s behavior was harmful to (himself/herself), others or property.
(h) in an institution, isolating (name of
child) from ordinary social contact under circumstances which indicate
emotional or social deprivation.
OR
The third element that the State must
prove beyond a reasonable doubt is that defendant knowingly abandoned (name of
child) by (choose appropriate[7])
(a) forsaking (him/her).
(b) failing to care for and keep the control
and custody of (name of child) so that (he/she) was exposed to physical or
moral risk without proper and sufficient protection.
(c) failing to care for and keep the control
and custody of (name of child) so that (he/she) was liable to be supported and
maintained at the expense of the public or by child caring societies or private
persons not legally chargeable with (his/her) care, custody and control.
OR
The third element that the State must
prove beyond a reasonable doubt is that defendant knowingly committed an act of
cruelty against (name of child) by (choose appropriate[8])
(a) inflicting on (him/her) unnecessarily
severe corporal punishment.
(b) inflicting on (him/her) unnecessary
suffering or pain, either mental or physical.
(c) habitually tormenting, vexing, or
afflicting (him/her).
(d) committing any act of omission or
commission whereby unnecessary pain and suffering, whether mental or physical,
was caused or permitted to be inflicted on (him/her).
(e) exposing (him/her) to unnecessary
hardship, fatigue or mental or physical strains that might tend to injure (his/her)
health or physical or moral well being.
OR
The third element that the State must
prove beyond a reasonable doubt is that defendant knowingly neglected (name of
child) by (choose appropriate[9])
(a) failing to provide (him/her) with proper
and sufficient food, clothing, maintenance, regular school education as
required by law, medical attendance or surgical treatment, and a clean and proper
home.
(b) failing to do or permit to be done any
act necessary for (his/her) physical or moral well being.
(c) continuing to permit (his/her) continued
inappropriate placement in an institution, with the knowledge that the
placement has resulted and may continue to result in harm to (his/her) mental
or physical well being.
A person acts knowingly with respect to
the nature of his/her conduct or the attendant circumstances if he/she
is aware that the conduct is of that nature or that such circumstances exist or
the person is aware of a high probability of their existence. A person acts knowingly with respect to a
result of the 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 defendant’s
conduct, words or acts. A state of mind
is rarely susceptible of direct proof but must ordinarily be inferred from the
facts. Therefore, it is not necessary
that the State produce witnesses to testify that an accused said that he/she
had a certain state of mind when he/she
did a particular thing.
It is within your power to find that such
proof has been furnished beyond a reasonable doubt by inferences which may
arise from the nature of his/her acts and conduct and from all he/she
said and did at the particular time and place and from all surrounding
circumstances established by the evidence.
If you find that the State has proven
every element of the offense beyond a reasonable doubt, then you must find
defendant guilty. If you find that the
State has failed to prove any element beyond a reasonable doubt, then you must
find defendant not guilty.
[1] The State must prove that the defendant’s conduct was
knowing to convict of a Title 9 criminal offense. State v. Overton, 357 N.J.
Super. 387, 393 (App. Div.), certif. denied, 177 N.J. 219
(2003).
[2] N.J.S.A.
9:6-2 defines parent and custodian but does not define guardian. N.J.S.A. 9:6-8.21 defines “parent or
guardian” as a natural parent, adoptive parent, resource family parent,
stepparent, paramour of any parent, any person who has assumed responsibility
for the care, custody or control of a child or any person upon whom there is a
legal duty for the care, custody or control of a child.
[3] N.J.S.A.
9:2-13(f).
[4] Institution
means a public or private facility in the State which provides children with
out of home care, supervision or maintenance.
Institution includes, but is not limited to, a correctional facility,
detention facility, treatment facility, day care center, residential school,
shelter and hospital. N.J.S.A. 9:6-8.21.
[5] Day
school means a public or private school which provides general or special
education services to day students in grades kindergarten through 12. N.J.S.A. 9:6-8.21h. It does not include a residential facility
which provides 24 hour care. Id.
