N.J.S.A.
2C:21-4a model jury charge
The
defendant is charged under the count of this Indictment with the crime of
falsifying or tampering with records.
The
pertinent part of the statute on which this count of the indictment is based
reads as follows:
A person commits a crime if he falsifies, destroys,
removes, conceals any writing or record, or utters any writing or record knowing
that it contains a false statement or information, with a purpose to deceive or
injure anyone or to conceal any wrongdoing.
The
State must prove, beyond a reasonable doubt, each of the following elements of
the crime:
(1)
The defendant, [choose appropriate act] (falsified), (destroyed),
(removed), (concealed any writing or record) or (uttered any writing or record,
knowing it contained a false statement or information).
(2)
The defendant acted with a purpose to deceive or injure anyone or conceal any
wrongdoing.
The
first element the State must prove beyond a reasonable doubt is the defendant [choose
appropriate act] (falsified), (destroyed), (removed), (concealed any
writing or record) or (uttered any writing or record knowing it contained a
false statement or information).
As
used in this statute, “writing” includes printing or any other method of
recording information, money, coins, tokens, stamps, seals, credit cards,
badges, trademarks, access devices, and other symbols of value, right,
privilege, or identification.[1]
A
writing or record is uttered when it is offered, provided, or displayed to
another without regard to whether it is accepted, with the knowledge that it
contained a false statement or information.[2]
[[3]A person
acts knowingly with respect to the nature of his/her conduct or
the attending circumstances if he/she is aware that his 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.]
The
second element the State must prove beyond a reasonable doubt is that the
defendant acted with a purpose to deceive or injure anyone or conceal any
wrongdoing.
A
person acts purposely with respect to the nature of his/her conduct or a
result thereof if it is his/her conscious
object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to any
attendant circumstances if he/she is aware of the existence of such circumstances or believes or hopes
they exist.
The
nature of the purpose [or knowledge[4]] with
which the defendant acted is a question of fact for you the jury to
decide. Purpose [and knowledge] is a
[are] condition[s] of the mind which cannot be seen and can only be determined
by inferences from conduct, conditions or acts.
It is not necessary for the State to produce a witness who could testify
that the defendant stated, for example, that his/her purpose was
to deceive or injure anyone or to conceal any wrongdoing. [or that he/she knew that the writing or record contained any false statement or
information.] It is within your power to
find proof of purpose [or knowledge] has been furnished beyond a reasonable
doubt by inferences which may arise from the acts and surrounding
circumstances.
If you
find that the State has proven all of the elements beyond a reasonable doubt,
then you must return a verdict of guilty.
On the other hand, if you find the State has failed to prove any of the elements
beyond a reasonable doubt, then you must return a verdict of not guilty.
