FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD
N.J.S.A. 2C:12-1.3—CAYLEE’S LAW
(Effective January 5, 2012) model jury charge
Count
(INSERT) of the Indictment charges the defendant with the offense of failing to
report the disappearance of a child within 24 hours of becoming aware of that
child’s disappearance. (Read the Indictment). The statute on
which this count of the Indictment is based reads in pertinent part:
A parent, guardian,
or other person with legal custody of the child who knew or should have known
of the disappearance of a child for which that parent, guardian, or other person
is responsible who fails to report the missing child to the appropriate law
enforcement agency within 24 hours shall be guilty of a crime.
To
find the defendant guilty of this offense, the State must prove beyond a
reasonable doubt:
1.
That (insert child’s name) was a child who disappeared;
2.
That the defendant was a (parent) (guardian) (or person
who had legal custody) of ____________ (insert child’s name);
3.
That the defendant knew or should have known of the
disappearance of (insert child’s name);
4.
That the defendant knowingly failed to report the
disappearance of (insert child’s name) to an appropriate law enforcement agency
within 24 hours of becoming aware of his/her
disappearance.
The
first element that the State must prove beyond a reasonable doubt is that
(insert child’s name) was a child who disappeared. A “missing child” or child who disappeared
means any person who was 13 years of age or younger whose whereabouts were unknown.
The
second element the State must prove beyond a reasonable doubt is that the
defendant was a (parent) (guardian) (or person who had legal custody) of
____________ (insert child’s name). A
parent or guardian means (choose
appropriate) [natural parent] [adoptive parent] [resource family parent]
[stepparent] [paramour of any parent] [any person upon whom there is a legal
duty for the care, custody or control of a child] [a staff person or employee
of an institution that had legal custody).[1]
The
third element that the State must prove beyond a reasonable doubt is that
defendant knew or should have known of the disappearance of (insert child’s
name).
The
fourth element that the State must prove beyond a reasonable doubt is that
defendant knowingly failed to report the disappearance of (insert child’s name)
within 24 hours of becoming aware of his/her
disappearance to an appropriate law enforcement agency.
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 a high probability of their existence. A person acts
knowingly with respect to a result of his/her
conduct if he/she is aware that it is practically certain that his/her
conduct will cause such a result.
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 engaged in a particular act. It is within your power to find
that such proof has been furnished beyond a reasonable doubt by inference,
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 proved each element of the offense beyond a
reasonable doubt, then you must find the defendant guilty.
If
you find that the State has failed to prove any element of the offense beyond a
reasonable doubt, then you must find the defendant not guilty.
[1] State
v. McInerney, 428 N.J. Super. 432 (App. Div. 2012), petition for
certification filed regarding the definition of guardian and/or person upon
whom there is a legal duty for the care, custody, or control of a child.
