AGGRAVATED ARSON, OF CHURCH, jury charge (N.J.S.A. 2C NJ

AGGRAVATED ARSON, OF CHURCH, jury charge (N.J.S.A. 2C

AGGRAVATED ARSON, ARSON, FIRST DEGREE ARSON OF CHURCH, SYNAGOGUE, TEMPLE OR OTHER PLACE OF PUBLIC WORSHIP model jury charge (N.J.S.A.2C:17-1g) Count __ of the indictment charges the defendant with [aggravated arson] [arson] of a [church] [synagogue] [temple] [place of public worship]. [Charge Aggravated Arson, Arson or First Degree Arson] This count of the indictment also alleges that the structure which was the target of the offense was a [church] [synagogue] [temple] [place of public worship], specifically: [describe the charged premise][1]If you find that the State has proven each of the elements I have previously described, then you must determine whether it has also proven, beyond a reasonable doubt, that the target of the offense was a [church] [synagogue] [temple] [place of public worship]. In order for you to determine that the [church] [synagogue] [temple] [place of public worship] was the target[2]of the charged arson, the State must prove beyond a reasonable doubt that it was the defendants purpose to [destroy][3][destroy or damage][4]a [church] [synagogue] [temple] [place of public worship].I have already defined purposely for you. If you find that the State has failed to prove this additional element beyond a reasonable doubt, but has proven beyond a reasonable doubt that defendant has committed [arson for hire] [aggravated arson] [arson], then you must find the defendant not guilty of [arson for hire][aggravated arson] [arson] of a [church] [synagogue] [temple] [place of public worship], but guilty of[arson for hire] [aggravated arson] [arson].On the other hand, if you find that the State has proven beyond a reasonable doubt all of the elements of [arson for hire] [aggravated arson] [arson] and this additional element, then you must find the defendant guilty of [arson for hire] [aggravated arson] [arson] of a [church] [synagogue] [temple] [place of public worship].Finally, if you find that the State has failed to prove any of the elements of [arson for hire] [aggravated arson] [arson] beyond a reasonable doubt, then you must find the defendant not guilty. [1]If the defendant is convicted of aggravated arson, arson or first-degree arson, and the target of his crime was a church, synagogue, temple or other place of public worship, he is guilty of a crime of the first degree, and the sentence imposed shall include a term of imprisonment.The term of imprisonment shall include a fifteen year term of parole ineligibility.N.J.S.A.2C:17-1g. [2]Target is not defined in the statute.Target is defined in the American Heritage Dictionary of the English Language (3rd ed.) as,interalia, [s]omething aimed or fired at. [3]Use destroy if an aggravated arson is charged underN.J.S.A.2C:17-1a(2). [4]Use destroy or damage if an aggravated arson is charged underN.J.S.A.2C:17-1a(3) orN.J.S.A.2C:17-1a(4), or if arson is charged underN.J.S.A.2C:17-1b(2),N.J.S.A.2C:17-1b(3) orN.J.S.A.2C:17-1b(4).