N.J.S.A.
2C:39-13 model jury charge
The
defendant is charged in the indictment with the crime of unlawful use of a body
vest. The statute upon which this charge
is based states in pertinent part:
A person is guilty of a crime if he uses or wears a
body vest while engaged in the commission of, or an attempt to commit, or
flight after committing or attempting to commit [choose appropriate]
murder, manslaughter, robbery, sexual assault, burglary, kidnapping, criminal
escape or assault . . . [1]
In
order to find the defendant guilty of this crime, the State must prove beyond a
reasonable doubt the following elements:
(1) That defendant
was engaged in the commission of[2], or an
attempt to commit, or flight after committing or attempting to commit [crime
alleged], and
(2) That while
engaged in the commission of, or an attempt to commit, or flight after
committing or attempting to commit [crime alleged], defendant was using or
wearing a body vest.
The
first element that the State must prove beyond a reasonable doubt is that
defendant was engaged in the commission of, or an attempt to commit, or flight
after committing or attempting to commit [crime alleged]. I have already
defined the elements of [predicate crime(s)], which defendant is accused of
having committed [or attempted to commit], in my instructions concerning
count(s) [if applicable add:] as well as the
included offenses of [predicate crime(s)] that you have a right to consider.[3]
The
second element that the State must prove beyond a reasonable doubt is that
while engaged in the commission of, or an attempt to commit, or flight after
committing or attempting to commit [crime alleged], defendant was using or
wearing a body vest. A body vest is defined as a bullet-resistant body armor
which is intended to provide ballistic and trauma protection.
If
you find that the State has proven both elements of the crime beyond a
reasonable doubt, then you must find defendant guilty of the charge. If you
find that the State has failed to prove any element of the crime beyond a
reasonable doubt, then you must find defendant not guilty of the charge.
[2] Delete language relating to attempt or
flight throughout the charge if not applicable. Cf. State in the Interest of
J.R., 234 N.J. Super. 388 (Ch. Div. 1988). If attempt is applicable,
see Model Jury Charge on attempt (N.J.S.A. 2C:5-1).
[3] If the defendant is accused of using
or wearing a body vest while engaged in a first degree crime, and included
offenses of that crime are also being submitted, the jury must be instructed
that it must unanimously agree as to which crime, if any, the State has proven
beyond a reasonable doubt. Such a unanimous verdict is necessary to determine
whether defendant, upon conviction, would be exposed to a second or third
degree sentence for this offense.
