INTERFERENCE WITH TRANSPORTATION 2C:33-14) model jury charge in NJ
INTERFERENCE WITH TRANSPORTATION
(N.J.S.A.2C:33-14)model jury charge
Count _________ of the indictment provides as follows:
[READ COUNT OF THE INDICTMENT]
This count charges the defendant with Interference with Transportation in violation of a statute which provides as follows:
A person is guilty of interference with transportation if the person purposely or knowingly:
[CHOOSE APPROPRIATE]
[N.J.S.A. 2C:33-14a(1)][1]
casts,
shoots or throws anything at, against or into any vehicle, including,
but not limited to, a bus, light rail vehicle, railroad
locomotive,railroad car, jitney, trolley car, subway car, ferry,
airplane,or other facility of transportation.
OR
[N.J.S.A. 2C:33-14a(2)]
casts,
shoots, throws or otherwise places any stick, stone, object or other
substance upon any street railway track, trolley track or railroad
track.
OR
[N.J.S.A.2C:33-14a(3)]
endangers
or obstructs the safe operation of motor vehicles by casting, shooting,
throwing or otherwise placing any stick, stone, object or other
substance upon any highway or roadway.
OR
[N.J.S.A.2C:33-14a(4)]
unlawfully
climbs into or upon any light rail vehicle, railroad locomotive or
railroad car, either in motion or standing on the track of any railroad
company in this State.
OR
[N.J.S.A.2C:33-14a(5)]
unlawfully
disrupts, delays or prevents the operation of any vehicle, including,
but not limited to, a bus, light rail vehicle, railroad locomotive,
train . . . jitney, trolley, subway, airplane or any other facility of
transportation.
OR
[N.J.S.A.2C:33-14a(6)]
endangers
or obstructs the safe operation of motor vehicles by using a traffic
control preemption device to interfere with or impair the operation of a
traffic control signal as defined under the law.[2]
OR
[N.J.S.A.2C:33-14a(7)]
shines,
points, or focuses a laser lighting device beam, directly or
indirectly, upon a person operating any vehicle, including, but not
limited to, a bus, light rail vehicle, railroad locomotive, railroad
car, jitney, trolley car, subway car, ferry, airplane or other facility
of transportation.
In
order for the defendant to be found guilty of interfering with
transportation, the State must prove beyond a reasonable doubt: that the
defendant
[CHOOSE APPROPRIATE]
[N.J.S.A.2C:33-14a(1)]
(1)cast,
shot or threw anythingat, against or into any vehicle, including, but
not limited to, a bus, light rail vehicle, railroad locomotive, railroad
car, jitney, trolley car, subway car, ferry,airplane or other facility
of transportation.
OR
[N.J.S.A.2C:33-14a(2)]
(1)cast,
shot, threw or otherwise placed any stick, stone, object or other
substance upon any street railway track, trolley track or railroad
track.
OR
[N.J.S.A.2C:33-14a(3)]
(1)endangered or obstructed the safe operation of motor vehicles
(2)by casting, shooting, throwing or otherwise placing any stick, stone, object or other substance upon any highway or roadway.
OR
[N.J.S.A. 2C:33-14a(4)]
(1)unlawfully
climbed into or upon any light rail vehicle, railroad locomotive or
railroad car, either in motion or standing on the track of any railroad
company in this State.
OR
[N.J.S.A.2C:33-14a(5)]
(1)unlawfully
disrupted, delayed or prevented the operation of any vehicle,
including, but not limited to, a bus, light rail vehicle, railroad
locomotive, train, bus, jitney, trolley, subway, airplane or any other
facility of transportation.
[The
term unlawfully disrupts, delays or prevents the operation of does not
include non-violent conduct growing out of a labor dispute].[3]
OR
[N.J.S.A. 2C:33-14a(6)]
(1)endangered or obstructed the safe operation of motor vehicles
(2)by
using a traffic control preemption device to interfere with or impair
the operation of a traffic control signal as defined under the law.[4]
OR
[N.J.S.A.2C:33-14a(7)]
(1)
shined, pointed or focused a laser lighting device beam, directly or
indirectly, upon a person operating any vehicle, including, but not
limited to, a bus, light rail vehicle, railroad locomotive, railroad
car, jitney, trolley car, subway car, ferry, airplane, or other facility
of transportation.
AND
(2) or (3) that the defendant acted [purposely] [knowingly].
[CHOOSE APPROPRIATE]
[N.J.S.A. 2C:33-14a(1)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant did cast, shoot or throw anything at, against or into any
vehicle, including, but not limited to, a bus, light rail vehicle,
railroad locomotive, railroad car, jitney, trolley car, subway car,
ferry, airplane, or other facility of transportation.
OR
[N.J.S.A.2C:33-14a(2)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant did cast, shoot, throw or otherwise place any stick,
stone, object or other substance upon any street railway track, trolley
track or railroad track.
OR
[N.J.S.A.2C:33-14a(3)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant endangered or obstructed the safe operation of motor
vehicles.
The second element the State must prove beyond a reasonable doubt is thathe/sheendangered
or obstructed the safe operation of motor vehicles by casting,
shooting, throwing or otherwise placing any stick, stone, object or
other substance upon any highway or roadway.
OR
[N.J.S.A.2C:33-14a(4)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant unlawfully climbed into or upon any light rail vehicle,
railroad locomotive or railroad car, either in motion or standing on the
track of any railroad company in this State.
OR
[N.J.S.A. 2C:33-14a(5)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant unlawfully disrupted, delayed or prevented the operation
of any vehicle, including, but not limited to, a bus, light rail
vehicle, railroad locomotive, train . . . jitney, trolley, subway,
airplane, or any other facility of transportation.
[The
term unlawfully disrupts, delays or prevents the operation of does not
include non-violent conduct growing out of a labor dispute.[5]If this issue is raised, the burden is upon the State to disprove it beyond a reasonable doubt.]
OR
[N.J.S.A. 2C:33-14a(6)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant endangered or obstructed the safe operation of motor
vehicles.
The
second element the State must prove beyond a reasonable doubt is that
the defendant endangered or obstructed the safe operation of motor
vehicles by using a traffic control preemption device to interfere with
or impair the operation of a traffic control signal.
Traffic
control preemption device means an infrared transmitter or other device
which transmits an infrared beam, radio wave or other signal designed
to change, alter, or disrupt in any manner the normal operation of a
traffic control signal.[6]
Traffic
control signal means a device, whether manually, electrically,
mechanically, or otherwise controlled, by which traffic is alternately
directed to stop and to proceed.[7]
OR
[N.J.S.A. 2C:33-14a(7)]
The
first element the State must prove beyond a reasonable doubt is that
the defendant shined, pointed or focused a laser lighting device beam,
directly or indirectly, upon a person operating any vehicle, including,
but not limited to, a bus, light rail vehicle, railroad locomotive,
railroad car, jitney, trolley car, subway car, ferry, airplane, or other
facility of transportation.
Laser
lighting device means a device which emits a laser beam that is
designed to be used by the operator as a pointer or highlighter to
indicate, mark or identify a specific position, place, item or object.[8]
[READ IN ALL CASES]
The [second] [third] element the State must prove beyond a reasonable doubt is that the defendant acted [purposely] [knowingly].
[A person acts purposely with respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious
object to engage in conduct of that nature or to cause such a result.A
person acts purposely with respect to attendant circumstances ifhe/sheis
aware of the existence of such circumstances or believes or hopes that
they exist.With purpose, designed, with design, or equivalent terms have
the same meaning.]
[A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result].
[Purpose]
[knowledge] is/are condition(s) of the mind that cannot be seen and can
only be determined by inferences drawn from the defendants conduct,
words or acts and all the surrounding circumstances.It is not necessary
for the State to prove the existence of such a mental state by direct
evidence such as a statement by the defendant thathe/shehad
a particular [purpose] [knowledge].It is within the power of the jury
to find that the proof of [purpose] [knowledge] has been furnished
beyond a reasonable doubt by inferences which you may draw from the
nature of the acts and circumstances surrounding the conduct of the
defendant as they have been presented in the evidence you have heard and
seen in this case.
[All jurors do not have to agree unanimously as to whether the defendant acted purposely or knowingly, so long as all agree thathe/shehad one or the other state of mind.]
If
the State has failed to prove any of the elements beyond a reasonable
doubt, you must find the defendant not guilty of interference with
transportation.If the State has proven every element beyond a reasonable
doubt, you must find the defendant guilty of interference with
transportation.
GRADING
[CHOOSE APPROPRIATE]
[SECOND DEGREE][9]
If
you find that the State has proven defendant guilty beyond a reasonable
doubt of this offense, then you must determine whether or not the State
has proven beyond a reasonable doubt that the defendant [purposely]
[knowingly] [recklessly] caused serious bodily injury to another
person.I have already defined [purposely][knowingly] for you.
[CHARGE IF APPROPRIATE]
To
this point in the trial, you have not been asked to consider whether or
not the defendant acted recklessly.There is good reason for that.The
issue of recklessness is only relevant when considering the severity of
the offense of Interference with Transportation.A defendant is guilty of
this offense only ifhe/sheacted
with a [purposeful][knowing] state of mind.You may consider whether the
defendant acted recklessly only in determining the severity of the
offense for which the defendant has been convicted.
A person acts recklessly with respect to the nature ofhis/herconduct or a result thereofwhenhe/sheconsciously
disregards a substantial and unjustifiable risk.The risk must be of
such a nature and degree that, considering the nature and purpose of the
actors conduct and the circumstances known tohim/her,
its disregard involves a gross deviation from the standard of conduct
that a reasonable person would observe in the actors situation.[10]
Recklessness
is a state of mind which cannot be seen but can only be determined by
inferences drawn from ones conduct, words or acts, and from all of the
surrounding circumstances.It therefore is not necessary for the State to
produce witnesses to testify that the defendant saidhe/sheknew or believed thathe/shewas acting recklessly.His/Herstate of mind is to be determined by you after you examinehis/herconduct
and actions, all that was said or done at that particular time and
place, and all the surrounding circumstances.It is within the power of
the jury to find that the proof of recklessness has been furnished
beyond a reasonable doubt by inferences which you may draw from the
nature of the acts and circumstances surrounding the conduct of the
defendant as they have been presented in the evidence you have heard and
seen in this case.
[CHARGE IN ALL CASES]
Serious
bodily injury means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.[11]Bodily injury means physical pain, illness or any impairment of physical condition.[12]
[All
jurors do not have to agree unanimously as to whether the defendant
acted [purposely] [knowingly] [recklessly], so long as all agree thathe/shehad one or the other state of mind.]
If
you find that the State has proven beyond a reasonable doubt that the
defendant [purposely] [knowingly] [recklessly] caused serious bodily
injury to another person,then you must findhim/herguilty
of this form of interference with transportation.If, on the other hand,
you find that the State has failed to prove this element beyond a
reasonable doubt, you must findhim/hernot guilty of this form of interference with transportation.
OR
[THIRD DEGREE][13]
If
you find that the State has proven defendant guilty beyond a reasonable
doubt of this offense, then you must determine whether or not the State
has proven beyond a reasonable doubt that:
[CHOOSE FROM THE FOLLOWING THREE OPTIONS]
Option 1.the defendant [purposely] [knowingly] [recklessly] caused significant bodily injury to another person
OR
Option 2.the defendant [purposely] [knowingly] created a risk of significant bodily injury to another person
OR
Option 3.the defendant [purposely] [knowingly] [recklessly] caused pecuniary loss of$2000 or more.
I have already defined [purposely] [knowingly] for you.
[CHARGE IF APPROPRIATE]
To
this point in the trial, you have not been asked to consider whether or
not the defendant acted recklessly.There is good reason for that.The
issue of recklessness is only relevant when considering the severity of
the offense of Interference with Transportation.A defendant is guilty of
this offense only ifhe/sheacted
with a [purposeful][knowing] state of mind.You may consider whether the
defendant acted recklessly only in determining the severity of the
offense for which the defendant has been convicted.
A person acts recklessly with respect to the nature ofhis/herconduct or a result thereofwhenhe/sheconsciously
disregards a substantial and unjustifiable risk.The risk must be of
such a nature and degree that, considering the nature and purpose of the
actors conductand the circumstances known tohim/her,
its disregard involves a gross deviation from the standard of conduct
that a reasonable person would observe in the actors situation.[14]
Recklessness
is a state of mind which cannot be seen but can only be determined by
inferences drawn from ones conduct, words or acts, and from all of the
surrounding circumstances.It therefore is not necessary for the State to
produce witnesses to testify that the defendant said he/she knew or
believed thathe/shewas acting recklessly.His/Herstate of mind is to be determined by you after you examinehis/herconduct
and actions, all that was said or done at that particular time and
place, and all the surrounding circumstances.It is within the power of
the jury to find that the proof of recklessness has been furnished
beyond a reasonable doubt by inferences which you may draw from the
nature of the acts and circumstances surrounding the conduct of the
defendant as they have been presented in the evidence you have heard and
seen in this case.
[Significant
bodily injury means bodily injury which creates a temporary loss of the
function of any bodily member or organ or temporary loss of any one of
the five senses.[15]
Bodily injury means physical pain, illness or any impairment of physical condition.[16]]
[All
jurors do not have to agree unanimously as to whether the defendant
acted purposely, knowingly, or recklessly, so long as all agree thathe/shehad one or the other state of mind.][17]
[The value of a pecuniary loss is the fair market value of the property of which the owner was deprived at the time ofhis/herpossession.][18]
If you find that the State has proven beyond a reasonable doubt that the defendant:
[CHOOSE FROM ONE OF THE FOLLOWING THREE OPTIONS]
Option 1.[purposely] [knowingly] [recklessly] caused significant bodily injury to another person
OR
Option 2.[purposely] [knowingly] created a risk of significant bodily injury to another person
OR
Option 3.[purposely] [knowingly] [recklessly] caused pecuniary loss of $2000 or more
[CHARGE IN ALL CASES]
then you must findhim/herguilty
of this form of interference with transportation.If, on the other hand,
you find that the State has failed to prove this element beyond a reasonable doubt, you must findhim/hernot guilty of this form of interference with transportation.
OR
[FOURTH DEGREE][19]
If
you find that the State has proven defendant guilty beyond a reasonable
doubt of this offense, then you must determine whether or not the State
has proven beyond a reasonable doubt that:
[CHOOSE FROM THE FOLLOWING TWO OPTIONS]
Option 1.[the defendant [purposely] [knowingly] [recklessly] caused bodily injury to another person]
OR
Option 2.[the defendant [purposely][knowingly] [recklessly] caused pecuniary loss in excess of $500 but less than $2000].
I have already defined [purposely] [knowingly] for you.
[CHARGE IF APPROPRIATE]
To
this point in the trial, you have not been asked to consider whether or
not the defendant acted recklessly.There is good reason for that.The
issue of recklessness is only relevant when considering the severity of
the offense of Interference with Transportation.A defendant is guilty of
this offense only ifhe/sheacted
with a [purposeful][knowing] state of mind.You may consider whether the
defendant acted recklessly only in determining the severity of the
offense for which the defendant has been convicted.
A person acts recklessly with respect to the nature ofhis/herconduct or a result thereofwhenhe/sheconsciously
disregards a substantial and unjustifiable risk.The risk must be of
such a nature and degree that, considering the nature and purpose of the
actors conductand the circumstances known tohim/her,
its disregard involves a gross deviation from the standard of conduct
that a reasonable person would observe in the actors situation.[20]
Recklessness
is a state of mind which cannot be seen but can only be determined by
inferences drawn from ones conduct, words or acts, and from all of the
surrounding circumstances.It therefore is not necessary for the State to
produce witnesses to testify that the defendant saidhe/sheknew or believed thathe/shewas acting recklessly.His/Herstate of mind is to be determined by you after you examinehis/herconduct
and actions, all that was said or done at that particular time and
place, and all the surrounding circumstances.It is within the power of
the jury to find that the proof of recklessness has been furnished
beyond a reasonable doubt by inferences which you may draw from the
nature of the acts and circumstances surrounding the conduct of the
defendant as they have been presented in the evidence you have heard and
seen in this case.
[Bodily injury means physical pain, illness or any impairment of physical condition.[21]]
[The
value of a pecuniary loss is the fair market value of the property of
which the owner was deprivedat the time of his/her possession.][22]
[All
jurors do not have to agree unanimously as to whether the defendant
acted [purposely] [knowingly] [recklessly], so long as all agree thathe/shehad one or the other state of mind.]
If you find that the State has proven beyond a reasonable doubt that the defendant:
[CHOOSE ONE OF THE FOLLOWING TWO OPTIONS]
Option 1.[purposely] [knowingly] [recklessly] caused bodily injury to another person
OR
Option 2.[purposely] [knowingly] [recklessly] caused pecuniary loss in excess of $500 but less than $2000
[CHARGE IN ALL CASES]
then you must findhim/herguilty
of this form of interference with transportation.If, on the other hand,
you find that the State has failed to prove this element beyond a
reasonable doubt, you must findhim/hernot guilty of this form of interference with transportation.
[1]Here, and throughout the charge, the jury should not be apprised of statutory citations.
[9]The jury should not be advised of the degree of the alleged crime.
[13]The jury should not be advised of the degree of the alleged crime.
[15]Cf.N.J.S.A.2C:11-1a.
[16]Cf.N.J.S.A.2C:11-1a.
[17]Recall that Option 2 only requires purposeful or knowing intent.
[18]SeeN.J.S.A.2C:1-14m.
[19]The jury should not be advised of the degree of the alleged crime.
|
| 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 record3. 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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