(Loss or Destruction of
a Vessel)
(N.J.S.A. 2C:12-2a) model jury charge
The defendant is charged with the crime of Recklessly
Endangering Another Person. The State
claims that the defendant:
(Read appropriate count
of the indictment)
The
law upon which this charge is based reads as follows:
A
person who purposely or knowingly does any act, including putting up a false
light, which results in the loss or destruction of a vessel, commits a crime of
the third degree.
To convince you that is guilty, the State must prove two essential
elements beyond a reasonable doubt:
1. That did an act that resulted in the loss or
destruction of a vessel
and
2.
That did this act purposely or knowingly.
Loss or destruction of a vessel means ANY damage to a
vessel which has been caused by an act of the defendant. The damage does not have to amount to total
destruction. Any amount of damage
is enough for the act to be a crime.
A vessel is any structure designed to travel in or on
water.
Putting up a false light means using any light or signal
for the purpose of luring or misleading a vessel into danger.
I have used the words "purposely" and
"knowingly".[1] The nature of the purpose or knowledge with
which the defendant acted is a question of fact for you, ladies and gentlemen,
to decide. Purpose and knowledge are
conditions of the mind which cannot be seen, but which may be gathered from a
person's conduct, words or acts. It is
not necessary for the State to produce a witness who can testify that the
defendant said that it was his/her purpose to cause loss
or destruction to the (name of vessel).
It is sufficient for you to find that proof of purpose or knowledge has
been furnished beyond a reasonable doubt by the nature and circumstances
surrounding the conduct under investigation.
All that was done or said by the defendant preceding, connected with and
immediately following the events in question should be considered in deciding whether
or not the defendant purposely or knowingly endangered another person.
A person acts purposely with respect to the nature of his/her conduct or a result
thereof if it is a person's conscious object to engage in conduct of that
nature or to cause such a result. A
person acts purposely with respect to attendant circumstances if a person is
aware of the existence of such circumstances or he/she believes or hopes that they exist. "With purpose,"
"designed," "with design" or equivalent terms have the same
meaning.[2]
A person acts knowingly with respect to the nature of his/her conduct or the
attendant circumstances if a person is aware that his/her conduct is of that
nature, or that circumstances exist, or the person is aware of a high
probability of their existence. A person
acts knowingly with respect to a result of his/her conduct if a person 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.[3]
Summarizing, the State must prove that purposely or knowingly (describe act
alleged) and by doing this caused the loss or destruction of the (name
of vessel).
If, bearing in mind the meaning of the terms I have just
explained, you are satisfied, beyond a reasonable doubt, that the State has
proved all of the elements of the crime charged, then you will find guilty.
If, on the other hand, you have any reasonable doubt concerning any one
of the elements of this crime then you will find not guilty.
[1] While
N.J.S.A. 2C:12-2 is entitled "Recklessly Endangering Another
Person", the body of the Statute does not refer to "reckless
conduct" but only to "purpose" and "knowledge."
Perhaps the title should be corrected to read "Endangering Another
Person."