UTTERING
OF FALSE GOVERNMENT DOCUMENTS
(N.J.S.A.
2C:21-2.1c)[1] model jury charge
Count ____ of the indictment
charges the defendant with exhibiting, displaying or uttering 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 exhibits, displays or
utters 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) the defendant knowingly (CHOOSE APPROPRIATE: [exhibited] [displayed] [uttered]) a (CHOOSE APPROPRIATE: [document] [other writing]), and
2.
That 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 (CHOOSE APPROPRIATE:
[exhibited] [displayed] [uttered a 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.[2]]
A
document or writing is uttered when it is offered as genuine accompanied by
words or conduct indicating that it is genuine, without regard as to whether it
is so accepted.[3]
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.[4]
“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.[5]
If the State has
proven each of the elements of this crime beyond a reasonable doubt, then you
must find the defendant guilty of exhibiting, displaying or uttering 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.
[1] “A
violation of [N.J.S.A. 2C:28-7], constituting a disorderly persons
offense, section 1 of P.L.1979, c. 264 (C.2C:33-15), R.S.33:1-81
or section 6 of the P.L.1968, c. 313 (C.33:1-81.7) in a case
where the person uses the personal identifying information of another to
illegally purchase an alcoholic beverage or for using the personal identifying
information of another to misrepresent his [or her] age for the purpose of
obtaining tobacco or other consumer product denied to persons under 18 years of
age shall not constitute an offense under this subsection if the actor received
only that benefit or service and did not perpetrate or attempt to perpetrate
any additional injury or fraud on another.”
N.J.S.A. 2C:21-2.1c.
[2] N.J.S.A.
2C:21-1a.
[3] State
v. Gledhill, 67 N.J. 565, 572 (1975) (citation omitted).
[4] It is
not an offense under the statute if the defendant is alleged to have committed
the disorderly persons violation
codified at either N.J.S.A.
2C:28-7, or N.J.S.A. 2C:33-15, or N.J.S.A. 33:1-81.7, which apply
to the use of the personal identifying information of another to
illegally purchase an alcoholic beverage or for using the personal identifying
information of another to misrepresent his age for the purpose of obtaining
tobacco or other consumer product denied to persons under 18 years of age and
the actor received only that benefit or service and did not perpetrate or
attempt to perpetrate any additional injury or fraud on another. N.J.S.A.
2C:21-2.1(c).
If there is evidence that is raised to support that
defense, the jury should be instructed that the State bears the burden to
disprove beyond a reasonable doubt the elements of that defense and its
applicability. See
N.J.S.A. 2C:1-13(b).