HARASSMENT (Lesser- Offense) 2C:33‑4) model jury charge in NJ

HARASSMENT (Lesser- Offense) 2C:33‑4) model jury charge in NJ HARASSMENT(Lesser-Included Offense) (N.J.S.A. 2C:33‑4)model jury charge The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment. Just because the Court is instructing you concerning these offenses does not mean that the Court has any opinion one way or another about whether the defendant committed these, or any, offenses. You should consider these offenses along with those for which the defendant is indicted. However, you are not to render a verdict on these offenses or answer the questions on the verdict sheet unless you find that the State has failed to meet its burden with regard to the offense(s) in the indictment. The relevant portions of the statute dealing with harassment read as follows: [Read only relevant parts of statute] A person commits an . . . offense if, with purpose to harass another, he: a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.[1] For you to find the defendant guilty of this offense, the State must prove the following elements beyond a reasonable doubt: [Include only relevant alternative elements and related explanations] a. (1) That the defendant made one or more communications anonymously, or at extremely inconvenient hours, or in offensively coarse language, or in any other manner likely to cause annoyance or alarm; and (2) That the defendants purpose was to harass (name of victim), in other words, to annoy or alarm (name of victim). You must determine whether the evidence proves beyond a reasonable doubt that the defendant made one or more communications in one or more of the ways described, and whether it was the defendants purpose to annoy or alarm (the victim). If you find that one or more communications were made in a manner likely to cause annoyance or alarm, but that they were not made anonymously or at extremely inconvenient hours or in offensively coarse language, then the manner of communication used by the defendant must be one that intruded into the victims legitimate expectations of privacy from such communications.[2] OR b. (1) That the defendant threatened to (or did)[3] strike, kick, shove, or otherwise offensively touch (name of victim); and (2) That the defendants purpose was to harass (name of victim), in other words, to annoy or alarm (name of victim). OR c. (1) That the defendant engaged in a course of alarming conduct or of repeatedly committed acts; and (2) That the defendants purpose was to harass (name of victim), that is, to alarm or seriously annoy (name of victim). With respect to a course of alarming conduct or repeatedly committed acts, the conduct or acts must be such that they are intended to cause alarm or serious annoyance. It is not sufficient if the course of conduct or repeated acts are merely irritating, nettlesome, or vexing.[4] A purpose to harass must be coupled with the performance of at least one of the acts listed in the statute. In determining a defendants purpose, you must apply the definition of the word purpose and the related instructions that were previously given when you were instructed regarding the elements of the offense of (terroristic threats) (stalking) as charged in the indictment. [The State alleges that the defendants purpose was . [Charge where appropriate: The defendant contends that he/she did not have a purpose to harass. Instead, he/she contends .] If the State has failed to prove any element of harassment beyond a reasonable doubt, you must find the defendant not guilty. On the other hand, if the State has proven each of the elements of harassment beyond a reasonable doubt, then you must find the defendant guilty of that offense. [1] See State v. B.H., 290 N.J.Super. 588, 597 (App. Div. 1996), revd in part and affd in part, 149 N.J. 564 (1997) (The subsections of the statute address categories of conduct which can be broadly described as communications, physical contact, and course of conduct.) [2] The Supreme Court has limited the scope of the catch-all provision of N.J.S.A. 2C:33-4(a) any other manner likely to cause annoyance or alarm to preserve the statutes constitutionality. The Court held that a communication under that provision must intrude upon a legitimate expectation of privacy. State v. Hoffman, 149 N.J. 564, 583 (1997). Earlier in the same case, the Appellate Division had held that the degree of annoyance under subsection (a) must be serious, not merely nettlesome or vexing. State v. B.H., 290 N.J. Super. at 598. The Supreme Court rejected this holding, noting that subsection (a) of the statute does not include the word serious, while subsection (c) does. See Hoffman, 149 N.J. at 575-81. [3] This model charge focuses primarily on verbal conduct because harassment is most often requested as a lesser-included offense for charges that do not involve physical contact, such as terroristic threats or stalking. [4] The Supreme Court has limited the scope of the catch-all provision of N.J.S.A. 2C:33-4(a) any other manner likely to cause annoyance or alarm to preserve the statutes constitutionality. The Court held that a communication under that provision must intrude upon a legitimate expectation of privacy. State v. Hoffman, 149 N.J. 564, 583 (1997). Earlier in the same case, the Appellate Division had held that the degree of annoyance under subsection (a) must be serious, not merely nettlesome or vexing. State v. B.H., 290 N.J. Super. at 598. The Supreme Court rejected this holding, noting that subsection (a) of the statute does not include the word serious, while subsection (c) does. See Hoffman, 149 N.J. at 575-81. Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record b. You may go to Jail or Prison. c. You will have to pay Fines and Court Costs. 3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500
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