CONTRABAND 2C:29‑6b) model jury charge NJ

CONTRABAND 2C:29‑6b) model jury charge

PROVIDING AN INMATE WITH CONTRABAND[1] (N.J.S.A. 2C:29‑6b)model jury charge Under the circumstances of this case, I charge you that you should also consider whether defendant has committed the offense of providing contraband to an inmate of an institution or a detention facility. The relevant statute provides that A person commits a[n]...offense if he provides an inmate with any other thing [than a weapon, tool or other thing which may be useful for escape] which he knows or should know it is unlawful for the inmate to possess. To obtain a conviction on this charge, the State must prove each of the following elements beyond a reasonable doubt: (1)That defendant provided S1 to an inmate of an institution or a detention facility; (2)That S1 is not a weapon, tool or other thing which may be useful for escape; and (3)That defendant knew or should have known that it was unlawful for the inmate to possess S1. I have already defined the relevant terms for you.If you find that the State has failed to prove any one or more of the elements of this offense beyond a reasonable doubt, then your verdict should be Not Guilty.On the other hand, if you find that the State has proven all of the elements beyond a reasonable doubt, then your verdict should be Guilty. [1]Note:This is a lesser included offense to the crime of providing an implement for escape to an inmate of an institution or a detention facility underN.J.S.A. 2C:29‑6a.The following is not meant to stand alone, but to serve as a supplement to the model charge entitledEscape Implements ‑ Introducing into Institution or Providing Inmate(N.J.S.A. 2C:29‑6a).