POSSESSION
OF DEVICES OR MATERIALS TO MAKE FALSE GOVERNMENT DOCUMENTS
(N.J.S.A.
2C:21-2.1b) model jury charge
Count ____ of the indictment
charges the defendant with possession of devices or materials to make false
government documents.
(Read the count from the indictment)
The statute upon which this count of the indictment is based states in
pertinent part:
A person who knowingly . . . possesses
devices or materials to make a document or other writing which falsely purports
to be a driver’s license, birth certificate or other document issued by a
governmental agency and which could be used as a means of verifying a person’s
identity or age or any other personal identifying information is guilty of a
crime.
In this case, the State alleges that the defendant (describe).
In order for you to find the defendant guilty of this offense, the State
must prove each of the following elements of the crime beyond a reasonable
doubt:
1. That
on (cite date set forth in indictment) defendant
knowingly possessed (CHOOSE APPROPRIATE:
[devices] [materials]) to make a (CHOOSE APPROPRIATE: [document] [other writing]); and
2. The
document or other writing falsely purported to be a (CHOOSE APPROPRIATE: [driver’s license] [birth certificate] [other
document]) issued by a governmental
agency that could be used as a means of verifying a person’s identity or age or
any other personal identifying information.
The first element
that the State must prove beyond a reasonable doubt is that on (cite date set forth in indictment) the
defendant knowingly possessed (CHOOSE
APPROPRIATE: [devices] [materials])
to make a (CHOOSE APPROPRIATE: [document]
[other writing]).
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. “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 the 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.
“Writing”
includes printing or [CHOOSE APPROPRIATE:
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, including retail sales receipts, universal
product code (UPC) labels and checks.[1]]
The
State must also prove that the defendant knowingly possessed S___ and that
S____ is a device or material which could be used to make or produce a false document
purporting to be a (CHOOSE APPROPRIATE: [driver’s license]
[birth certificate] [other document])
issued by a governmental agency.
[CHARGE THOSE
FOLLOWING PARAGRAPHS AS APPLY TO YOUR CASE]
ACTUAL POSSESSION
A person is in
actual possession of an item when he/she first, knows what it is: that is, he/she has knowledge of its character, and second, knowingly has
it on his/her
person at a given time.
CONSTRUCTIVE POSSESSION
Possession may be
constructive instead of actual. As I
just stated, a person who, with knowledge of its character, knowingly has
direct physical control over an item at a given time is in actual possession of
it.
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.
JOINT POSSESSION
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.
The
second element that the State must prove beyond a reasonable doubt is that the (CHOOSE APPROPRIATE: [document] [other
writing]) was falsely purported to
be a (CHOOSE APPROPRIATE: [driver’s
license] [birth certificate] [other document]) issued by a governmental agency.
(CHOOSE APPROPRIATE: [The
State has offered evidence] [It has been stipulated]) that the (insert name of
governmental agency) is a governmental agency. The second element also requires that the
State prove beyond a reasonable doubt (or it has been stipulated) that the (CHOOSE APPROPRIATE: [document] [printed
form] [other writing]), purported to
be issued by a governmental agency, could be used as a means of verifying a
person’s identity or age or other personal identifying information.
“Personal
identifying information” means any name, number or other information that may
be used, alone or in conjunction with any other information, to identify a
specific individual and includes, but is not limited to, the name, address,
telephone number, date of birth, social security number, official State issued
identification number, employer or taxpayer number, place of employment,
employee identification number, demand deposit account number, savings account
number, credit card number, mother's maiden name, unique biometric data, such
as fingerprint, voice print, retina or iris image or other unique physical
representation, or unique electronic identification number, address or routing
code of the individual.[2]
If
the State has proven each of the elements of this crime beyond a reasonable
doubt, then you must find the defendant guilty of possession of devices or
materials for making false government documents. However, if the State has failed to prove any
element beyond a reasonable doubt, then you must find the defendant not guilty.