(N.J.S.A. 2C:21‑1c)
("Makes"
Charge) model jury charge
The indictment in this case charges
that the defendant did on (cite date in indictment) with purpose to use (or aid
or permit another to use) for the purpose of forging written instruments, make
a (describe them in indictment) being a(n) (device) (apparatus) (equipment)
(article) specially designed or adapted to such use.
The pertinent part of the statute
here applicable, N.J.S.A. 2C:21‑1c, reads as follows:
A person is guilty of …
a crime … when with purpose to use, or to aid or permit another to use the same
for purposes of forging written instruments, he makes any device, apparatus,
equipment or article specially designed or adapted to such use.
Therefore, in order for the
defendant to be found guilty of this charge, the State must prove beyond a
reasonable doubt each of the following elements:
1. that
on (cite date in indictment) the defendant made a (describe item named in
indictment),
2. that
said (describe item named in indictment) was specially designed or adapted for
use in forging written instruments and
3. that
the defendant made (describe item named in indictment) with purpose to use or
to aid or permit another to use the same for forging written instruments:
As to the first element:
"To make" does not
necessarily mean that one created something out of nothing, nor that the
defendant produced the article from raw materials, but also consists in giving
new shape, new qualities or new combinations to articles which had already gone
through some other process. In other
words, if the defendant in any way contributed to the process of creating the
specially designed device or adapting it for the purpose of forging written
instruments the statute would be satisfied insofar as the first element is
concerned ‑ "to make" -
As to the second element:
You must be satisfied that the State
has proved beyond a reasonable doubt that the (describe item named in
indictment) was specially designed or adapted to forge written instruments.
As to the third element:
You must then find that the
defendant having made said (describe item named in indictment) which article
was specially designed or adapted for use as a forgery device was so made by
the defendant with purpose to use himself/herself or to aid or permit another to use for
forging written instruments.
A person acts "with
purpose" 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 "with
purpose" with respect to attendant circumstances if he/she is
aware of the existence of such circumstances or he/she
believes or hopes they exist.
Purpose is a condition of the mind
which cannot be seen and can only be determined by inferences from conduct,
words or acts. It is not necessary for
the State to produce a witness or witnesses who could testify that the
defendant stated for example: "I made the (name the item referred to in the
indictment) for the purpose of forging certain written instruments."
It is within the power of the jury
to find that proof of purpose has been furnished beyond a reasonable doubt by
inferences which may arise from the nature of the acts and circumstances
surrounding the conduct under investigation.
A "written instrument"
includes printing or any other method of recording information, money, coins,
tokens, stamps, seals, credit cards, badges, trademarks and other symbols of
value, right privilege or identification.
Common examples of a symbol of value would include checks, stock
certificates, bonds, stamps (postage, revenue or food), etc.
Therefore, to sum up, if you find
that the State has proved beyond a reasonable doubt all of the elements of the
crime that I have just recited to you, then you must find the defendant guilty
as charged.
On the other hand, if you find that
the State has failed to prove all or any one of the elements of the crime
beyond a reasonable doubt, you must find the defendant not guilty.
[1]
NOTE: If forgery is
not a companion indictment or count in the indictment, then the legal
definition of forgery should also be charged.
