LIABILITY FOR ANOTHERS CONDUCT(N.J.S.A. 2C:2-6) jury charge

LIABILITY FOR ANOTHERS CONDUCT

(N.J.S.A. 2C:2-6)

ACCOMPLICE

CHARGE # ONE - Where defendant is charged as accomplice and jury does not receive instruction on lesser included charges.

The indictment charges/or the State alleges[1] that the defendant is legally responsible for the criminal conduct of X[2], in violation of a law which reads in pertinent part as follows:

A person is guilty of an offense if it is committed by his own conduct or the conduct of another person for which he is legally accountable, or both.

A person is legally accountable for the conduct of another person when he/she is an accomplice of such other person in the commission of an offense.

A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of the offense, he/she (a) solicits such other person to commit it and/or (b) aids or agrees or attempts to aid such other person in planning or committing it.

This provision of the law means that not only is the person who actually commits the criminal act responsible for it but one who is legally accountable as an accomplice is also responsible as if he/she committed the crime(s) himself/herself.

In this case, the State alleges that the defendant is guilty of the crime(s) committed byX because he/she acted as his/her accomplice. In order to find the defendant guilty, the State must prove beyond a reasonable doubt each of the following elements:

1. That X committed the crime(s) of ___________________. I will now explain the elements of this/these offense(s).

2. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

3. That this defendants purpose was to promote or facilitate the commission of the offense(s).

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the act.

Remember that one acts purposely with respect to his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to cause such a result.

Solicit means to strongly urge, suggest, lure or proposition. Aid means to assist, support or supplement the efforts of another. Agrees to aid means to encourage by promise of assistance or support. Attempt to aid means that a person takes substantial steps in a course of conduct designed to or planned to lend support or assistance in the efforts of another to cause the commission of a substantive offense.

If you find that the defendant, with the purpose of promoting or facilitating the commission of the offense(s), solicited X to commit it/them and/or aided or agreed or attempted to aid him/her in planning or committing it/them, then you should considerhim/her as if he/she committed the crime(s) himself/herself. (If more than one offense is charged, instruct jury that accomplice status should be considered separately as to each charge).

To prove the defendants criminal liability, the State does not have to prove his/heraccomplice status by direct evidence of a formal plan to commit a crime. There does not have to be verbal agreement by all who are charged. The proof may be circumstantial. Participation and agreement can be established from conduct as well as the spoken words.

(READ IF APPROPRIATE)

Mere presence at or near the scene does not make one a participant in the crime, nor does the failure of a spectator to interfere make him/her a participant in the crime. It is, however, a circumstance to be considered with the other evidence in determining whether he/she was present as an accomplice. Presence is not in itself conclusive evidence of that fact. Whether presence has any probative value depends upon the total circumstances. To constitute guilt there must exist a community of purpose and actual participation in the crime committed.

While mere presence at the scene of the perpetration of a crime does not render a person a participant in it, proof that one is present at the scene of the commission of the crime, without disapproving or opposing it, is evidence from which, in connection with other circumstances, it is possible for the jury to infer that he/she assented thereto, lent to it his/her countenance and approval and was thereby aiding the same. It depends upon the totality of the circumstances as those circumstances appear from the evidence.

(RESUME ACCOMPLICE CHARGE)

An accomplice may be convicted on proof of the commission of a crime or of his/hercomplicity therein even though the person who it is claimed committed the crime(s) has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity from prosecution or conviction of has been acquitted.

In order to convict the defendant as an accomplice to the crime(s) charged, you must find that the defendant had the purpose to participate in that particular crime(s).He/She must act with the purpose of promoting or facilitating the commission of the substantive crime(s) with which he/she is charged.

It is not sufficient to prove only that the defendant had knowledge that another person was going to commit the crime(s) charged. The State must prove that it was defendants conscious object that the specific conduct charged be committed.

In sum, in order to find the defendant guilty of committing the crime(s) of _______________________, the State must prove each of the following elements beyond a reasonable doubt:

1. That X committed the crime(s) of ______________________________.

2. That this defendants purpose was to promote or facilitate the commission of the offense(s).

3. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the criminal act.

(Again, remind the jury to consider the accomplice status separately as to each charge).

If you find that the State has proven each and every one of the elements that I have explained to you beyond a reasonable doubt, then you must find the defendant guilty.If on the other hand you find that the State has failed to prove one or more of these elements beyond a reasonable doubt, then you must find the defendant not guilty. As I have previously instructed, your verdict(s) must be unanimous. All twelve jurors must agree as to guilty or not guilty.

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[1] Where the evidence indicates a rational basis for accomplice liability, the judge can charge the jury on that basis even though the indictment does not expressly allege a violation of N.J.S.A. 2C:2-6. The court should indicate its intention to so charge, with or without request, before summations so that counsel can prepare to comment on the issue of accomplice liability during summations. See State v. Hakim, 205 N.J. Super.385, 388 (App. Div. 1985).

Source http://www.judiciary.state.nj.us/criminal/juryindx.pdf

[2] X can be a named person or an unknown person.

LIABILITY FOR ANOTHERS CONDUCT model jury charge 2C:2-6

LIABILITY FOR ANOTHERS CONDUCT model jury charge

(N.J.S.A. 2C:2-6)

ACCOMPLICE

CHARGE # TWO - Where defendant is charged as accomplice and jury is instructed as to lesser included charges. [1]

The indictment charges/or the State alleges [2] that the defendant is legally responsible for the criminal conduct of X, [3] in violation of a law which reads in pertinent part as follows:

A person is guilty of an offense if it is committed by his own conduct or the conduct of another person for which he is legally accountable or both.

A person is legally accountable for the conduct of another person when he/she is an accomplice of such other person in the commission of an offense.

A person is an accomplice of another person in the commission of an offense, if, with the purpose of promoting or facilitating the commission of the offense, he/she (a) solicits such other person to commit it and/or (b) aids or agrees or attempts to aid such other person in planning or committing it.

This provision of the law means that not only is the person who actually commits the criminal act responsible for it but one who is legally accountable as an accomplice is also responsible. Now this responsibility as an accomplice may be equal and the same as he/she who actually committed the crime(s) or there may be responsibility in a different degree depending on the circumstances as you may find them to be. The Court will further explain this distinction in a moment.

In this case, the State alleges that the defendant is equally guilty of the crime(s) committed by X because he/she acted as his/her accomplice with the purpose that the specific crime(s) charged be committed. In order to find the defendant guilty of the specific crime(s) charged, the State must prove beyond a reasonable doubt each of the following elements:

1. That X committed the crime(s) of ______________________. I will shortly explain (or have already explained) the elements of this/these offense(s).

2. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

3. That this defendants purpose was to promote or facilitate the commission of the offense(s).

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the criminal act.

Remember that one acts purposely with respect to his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to cause such a result.

Solicit means to strongly urge, suggest, lure or proposition. Aid means to assist, support, or supplement the efforts of another. Agree to aid means to encourage by promise of assistance or support. Attempt to aid means that a person takes substantial steps in a course of conduct designed to or planned to lend support or assistance in the efforts of another to cause the commission of a substantive offense.

If you find that the defendant, with the purpose of promoting or facilitating the commission of the offense(s), solicited X to commit it/them and/or aided or agreed or attempted to aid him/her in planning or committing it/them, then you should considerhim/her as if he/she committed the crime(s) himself/herself. (If more than one offense is charged, instruct jury that accomplice status should be considered separately as to each charge).

To prove the defendants criminal liability, the State does not have to prove his/heraccomplice status by direct evidence of a formal plan to commit a crime. There does not have to be verbal agreement by all who are charged. The proof may be circumstantial. Participation and agreement can be established from conduct as well as the spoken words.

(READ IF APPROPRIATE)

Mere presence at or near the scene does not make one a participant in the crime, nor does the failure of a spectator to interfere make him/her a participant in the crime. It is, however, a circumstance to be considered with the other evidence in determining whether he/she was present as an accomplice. Presence is not in itself conclusive evidence of that fact. Whether presence has any probative value depends upon the total circumstances. To constitute guilt, there must exist a community of purpose and actual participation in the crime committed.

While mere presence at the scene of the perpetration of a crime does not render a person a participant in it, proof that one is present at the scene of the commission of the crime(s), without disapproving or opposing it, is evidence from which, in connection with other circumstances, it is possible for the jury to infer that he/sheassented thereto, lent to it his/her countenance and approval and was thereby aiding the same. It depends upon the totality of the circumstances as those circumstances appear from the evidence.

(RESUME ACCOMPLICE CHARGE)

An accomplice may be convicted on proof of the commission of a crime or of his/hercomplicity therein even though the person who it is claimed committed the crime has not been prosecuted or has been convicted of a different offense or degree of offense or has an immunity from prosecution or conviction or has been acquitted.

Remember that this defendant can be held to be an accomplice with equal responsibility only if you find as a fact that he/she possessed the criminal state of mind that is required to be proved against the person who actually committed the criminal act(s).

In order to convict the defendant as an accomplice to the specific crime(s) charged, you must find that the defendant had the purpose to participate in that particular crime.He/She must act with the purpose of promoting or facilitating the commission of the substantive crime(s) with which he/she is charged.

It is not sufficient to prove only that the defendant had knowledge that another person was going to commit the crime(s) charged. The State must prove that it was defendants conscious object that the specific conduct charged be committed.

In sum, in order to find the defendant guilty of committing the crime(s) of ________________________, the State must prove each of the following elements beyond a reasonable doubt:

1. That X committed the crime(s) of______________________________.

2. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

3. That this defendants purpose was to promote or facilitate the commission of the offenses.

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the criminal act.

(Again, remind the jury to consider the accomplice charge separately as to each charge).

If you find that the State has proven each one of the elements as described above beyond a reasonable doubt, then you must find the defendant guilty of [crime charged].If, on the other hand, you find that the State has failed to prove one or more of these elements beyond a reasonable doubt, then you must find the defendant not guilty of [crime charged]. As I have previously instructed, any verdict(s) rendered must be unanimous. All twelve jurors must agree as to guilty or not guilty.

Now, as I have previously indicated, you will initially consider whether the defendant should be found not guilty or guilty of acting as an accomplice of X with full and equal responsibility for the specific crime(s) charged. If you find the defendant guilty of the specific charge(s), then you need not consider any lesser charge(s).

If, however, you find the defendant not guilty of acting as an accomplice of X on the specific crime(s) charged, then you should consider whether the defendant did act as an accomplice of X but with the purpose of promoting or facilitating the commission of some lesser offense(s) than the actual crime(s) charged in the indictment.

Our law recognizes that two or more persons may participate in the commission of an offense but each may participate therein with a different state of mind. The liability or responsibility of each participant for any ensuing offense is dependent on his/her own state of mind and not on anyone elses.

Guided by these legal principles, and if you have found the defendant not guilty of the specific crime(s) charged, you should then consider whether the defendant is guilty or not guilty as an accomplice on the lesser charge of_________________________. I will now explain the elements of that offense to you. (Here the court may tell the jury what view of the facts could lead to this conclusion).[4]

In considering whether the defendant is guilty or not guilty as an accomplice on this lesser charge, remember that each person who participates in the commission of an offense may do so with a different state of mind and the liability or responsibility of each person is dependent on his/her own state of mind and no one elses.

Therefore, in order to find the defendant guilty of the lesser included offense(s) of _________________, the State must prove beyond a reasonable doubt:

1. That X committed the crime(s) of _____________________, as alleged in the indictment, or the lesser included offense of____________________________.

2. That this defendant solicited X to commit [lesser included offense] and/or did aid or agree or attempt to aid him/her in planning to commit [lesser included offense].

3. That this defendants purpose was to promote or facilitate the commission of [lesser included offense].

4. That this defendant possessed the criminal state of mind that is required for the commission of [lesser included offense].

If you find that the State has proven each one of these elements beyond a reasonable doubt, then you must find the defendant guilty. If on the other hand you find that the State has failed to prove one or more of these elements beyond a reasonable doubt, then you must find the defendant not guilty. As I have previously indicated, your verdict(s) must be unanimous. All twelve jurors must agree as to guilty or not guilty.

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[1] This charge is intended to address circumstances similar to those in State v. Bielkiewicz, 267 N.J.Super. 520, 533 (App. Div. 1993).

[2] Where the evidence indicates a rational basis for accomplice liability, the judge can charge the jury on that basis even though the indictment does not expressly allege a violation of N.J.S.A. 2C:2-6. The court should indicate its intention to so charge, with or without request, before summations so that counsel can prepare to comment on the issue of accomplice liability during summations. See State v. Hakim, 205 N.J. Super.385, 388 (App. Div. 1985).

[3] X can be a named person or an unknown person.

[4] In instructing jury as to lesser included offense(s), court should tell jury what view of the facts could lead to this conclusion. See State v. Bielkiewicz, 267 N.J. Super.520, 533 (App. Div. 1993).

LIABILITY FOR ANOTHERS CONDUCT model jury charge 2C:2-6

LIABILITY FOR ANOTHERS CONDUCT model jury charge(N.J.S.A. 2C:2-6)

ACCOMPLICE

CHARGE # ONE - Where defendant is charged as accomplice and jury does not receive instruction on lesser included charges.

The indictment charges/or the State alleges[1] that the defendant is legally responsible for the criminal conduct of X[2], in violation of a law which reads in pertinent part as follows:

A person is guilty of an offense if it is committed by his own conduct or the conduct of another person for which he is legally accountable, or both.

A person is legally accountable for the conduct of another person when he/she is an accomplice of such other person in the commission of an offense.

A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of the offense, he/she (a) solicits such other person to commit it and/or (b) aids or agrees or attempts to aid such other person in planning or committing it.

This provision of the law means that not only is the person who actually commits the criminal act responsible for it but one who is legally accountable as an accomplice is also responsible as if he/she committed the crime(s) himself/herself.

In this case, the State alleges that the defendant is guilty of the crime(s) committed byX because he/she acted as his/her accomplice. In order to find the defendant guilty, the State must prove beyond a reasonable doubt each of the following elements:

1. That X committed the crime(s) of ___________________. I will now explain the elements of this/these offense(s).

2. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

3. That this defendants purpose was to promote or facilitate the commission of the offense(s).

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the act.

Remember that one acts purposely with respect to his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to cause such a result.

Solicit means to strongly urge, suggest, lure or proposition. Aid means to assist, support or supplement the efforts of another. Agrees to aid means to encourage by promise of assistance or support. Attempt to aid means that a person takes substantial steps in a course of conduct designed to or planned to lend support or assistance in the efforts of another to cause the commission of a substantive offense.

If you find that the defendant, with the purpose of promoting or facilitating the commission of the offense(s), solicited X to commit it/them and/or aided or agreed or attempted to aid him/her in planning or committing it/them, then you should considerhim/her as if he/she committed the crime(s) himself/herself. (If more than one offense is charged, instruct jury that accomplice status should be considered separately as to each charge).

To prove the defendants criminal liability, the State does not have to prove his/heraccomplice status by direct evidence of a formal plan to commit a crime. There does not have to be verbal agreement by all who are charged. The proof may be circumstantial. Participation and agreement can be established from conduct as well as the spoken words.

(READ IF APPROPRIATE)

Mere presence at or near the scene does not make one a participant in the crime, nor does the failure of a spectator to interfere make him/her a participant in the crime. It is, however, a circumstance to be considered with the other evidence in determining whether he/she was present as an accomplice. Presence is not in itself conclusive evidence of that fact. Whether presence has any probative value depends upon the total circumstances. To constitute guilt there must exist a community of purpose and actual participation in the crime committed.

While mere presence at the scene of the perpetration of a crime does not render a person a participant in it, proof that one is present at the scene of the commission of the crime, without disapproving or opposing it, is evidence from which, in connection with other circumstances, it is possible for the jury to infer that he/she assented thereto, lent to it his/her countenance and approval and was thereby aiding the same. It depends upon the totality of the circumstances as those circumstances appear from the evidence.

(RESUME ACCOMPLICE CHARGE)

An accomplice may be convicted on proof of the commission of a crime or of his/hercomplicity therein even though the person who it is claimed committed the crime(s) has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity from prosecution or conviction of has been acquitted.

In order to convict the defendant as an accomplice to the crime(s) charged, you must find that the defendant had the purpose to participate in that particular crime(s).He/She must act with the purpose of promoting or facilitating the commission of the substantive crime(s) with which he/she is charged.

It is not sufficient to prove only that the defendant had knowledge that another person was going to commit the crime(s) charged. The State must prove that it was defendants conscious object that the specific conduct charged be committed.

In sum, in order to find the defendant guilty of committing the crime(s) of _______________________, the State must prove each of the following elements beyond a reasonable doubt:

1. That X committed the crime(s) of ______________________________.

2. That this defendants purpose was to promote or facilitate the commission of the offense(s).

3. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the criminal act.

(Again, remind the jury to consider the accomplice status separately as to each charge).

If you find that the State has proven each and every one of the elements that I have explained to you beyond a reasonable doubt, then you must find the defendant guilty.If on the other hand you find that the State has failed to prove one or more of these elements beyond a reasonable doubt, then you must find the defendant not guilty. As I have previously instructed, your verdict(s) must be unanimous. All twelve jurors must agree as to guilty or not guilty.

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[1] Where the evidence indicates a rational basis for accomplice liability, the judge can charge the jury on that basis even though the indictment does not expressly allege a violation of N.J.S.A. 2C:2-6. The court should indicate its intention to so charge, with or without request, before summations so that counsel can prepare to comment on the issue of accomplice liability during summations. See State v. Hakim, 205 N.J. Super.385, 388 (App. Div. 1985).

[2] X can be a named person or an unknown person.

Liability for Animal Attacks

Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
Our office helps people injured due to the negligence of others by failing to control their animals . We provide representation throughout New Jersey. The insurance companies will not help Don't give up! Our Law Office can provide experienced attorney representation if you are injured If a dog or animal bites you it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owners knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof. In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983). In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiffs "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dogs known viciousness or because of the plaintiffs deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites.
The law imposes upon the landlord or owner of any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the landlord or owner of a commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the landlord or owner of a commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it. Pedestrians have a right to be protected from animal attacks.
WHAT TO DO IF ATTACKED BY AN ANIMAL- AT THE ACCIDENT SCENE
Compiled by Kenneth Vercammen, Esq. from various sources
1. Protect yourself from further attack, but try to stay at or near the scene CALL THE POLICE, tell them where the accident occurred and (ask for medical help if needed). 2. Get names, address of the animal owner 3. Get names, address of the property owner
4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible.
5. While waiting for police, write down- Accident Information Date __ Time __ Location __
6. Summary of accident __
7. Diagram of accident
8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away, not in a week or so .
9. Obtain name of Police Officers, Department and Badge Number
10. - Be cooperative with the police.
11. Call a personal injury attorney, not a real estate attorney : Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
Financial Recovery for persons injured by animal attack
1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against an opposing party. As the attorney of record, I will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way.
2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of damage to your clothes and property 4. Photos of accident site 5. Major Med Card 6. Paystub if lost time from work

LEWDNESS (Victim with mental disease) jury charge

LEWDNESS

(Victim with mental disease or defect)

(N.J.S.A. 2C:14-4b(2))1model jury charge

The defendant is charged with the offense of lewdness, in that he/she is alleged to have(Summarize the appropriate portions of indictment).

The pertinent part of the statute (N.J.S.A. 2C:14-4b(2)) on which this indictment is based reads as follows:

A person commits an act of lewdness if:

He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actors conduct.

Therefore, the elements that the State must prove beyond a reasonable doubt are as follows:

1. That the defendant exposed his/her intimate parts;

2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person;

3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a person with a mental disease or defect; and

4. That the victim, because of (his/her) mental disease or defect, was unable to understand the sexual nature of the defendants conduct.

The first element that the State must prove beyond a reasonable doubt is that the defendant exposed his/her intimate parts. Intimate parts include the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. Specifically, the defendant in this case is charged with exposing(insert facts of case).

1In order to commit fourth degree lewdness, the defendant must expose his genitals for sexual gratification and know or reasonably expect that he is likely to be observed by a person who is under the age of 13 and at least four years younger than the defendant. Moreover, the nudity must be occasioned by the sexual desire of the actor to be observed by a minor who is less than thirteen.State v. Hackett, 166N.J. 66 (2001).LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))Page 2 of 3

2N.J.S.A.2C:2-2b(1).

3The mental element accompanying the defendants act is a critical part of this offense. The State must prove beyond a reasonable doubt that the defendant knew or reasonably expected that (he/she) was likely to be observed by non-consenting persons who could be affronted or alarmed.State v. Zeidell, 154N.J. 417, 430 (1998).

4N.J.S.A.2C:2-2b(2)

The second element that the State must prove beyond a reasonable doubt is that the defendant acted with the purpose of arousing or gratifying the sexual desire of himself/herself or any other person.(If charge is related to gratifying another, insert specifically alleged facts).

A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a persons conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.2

Purpose is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts. It is not necessary for the State to produce a witness to testify that the defendant stated that he/she acted with a particular state of mind. It is within your power to find that proof of purpose has been furnished beyond a reasonable doubt by inferences that may arise from the nature of the acts and circumstances surrounding the conduct in question. The third element that the State must prove beyond a reasonable doubt is that the defendant knew or reasonably expected that he/she was likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the defendants conduct.3Here, the State alleges(Insert applicable facts).

A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if a person is aware that his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/her conduct if a person is aware that it is practically certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts.4LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))Page 3 of 3

Like purpose, knowledge is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts.

The fourth element that the State must prove beyond a reasonable doubt is that the victim of the alleged lewd act was unable to understand the sexual nature of the defendants conduct because of mental disease or defect. In this case, the State alleges that the victim is suffering from .

If you find that the State has proven every element beyond a reasonable doubt, then you must find the defendant guilty. If, however, the State has failed to prove any element beyond a reasonable doubt, then you must find him/her not guilty.

LEWDNESS (Victim less than 13 years of age) jury charge

LEWDNESS

(Victim less than 13 years of age)

(N.J.S.A. 2C:14-4b(1))1model jury charge

The defendant is charged with the offense of lewdness, in that he/she is alleged to have(Summarize the appropriate portions of indictment).

The pertinent part of the statute (N.J.S.A. 2C:14-4b(1)) on which this indictment is based reads as follows:

A person commits an act of lewdness if:

He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor

Therefore, the elements that the State must prove beyond a reasonable doubt are as follows:

1. That the defendant exposed his/her intimate parts;

2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person;

3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a child of less than 13 years of age;

4. That the child was less than 13 years of age; and

5. That the defendant was at least four years older than the child.

The first element that the State must prove beyond a reasonable doubt is that the defendant exposed his/her intimate parts. Intimate parts include the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. Specifically, the defendant in this case is charged with exposing(insert facts of case).

The second element that the State must prove beyond a reasonable doubt is that the

1In order to commit fourth degree lewdness, the defendant must expose his genitals for sexual gratification and know or reasonably expect that he is likely to be observed by a person who is under the age of 13 and at least four years younger than the defendant. Moreover, the nudity must be occasioned by the sexual desire of the actor to be observed by a minor who is less than thirteen.State v. Hackett, 166N.J. 66 (2001).LEWDNESS (Victim less than 13 years of age) (N.J.S.A. 2C:14-4b(1))Page 2 of 3

defendant acted with the purpose of arousing or gratifying the sexual desire of himself/herself or any other person.(If charge is related to gratifying another, insert specifically alleged facts).

2N.J.S.A.2C:2-2b(1).

3The mental element accompanying the defendants act is a critical part of this offense. The State must prove beyond a reasonable doubt that the defendant knew or reasonably expected that (he/she) was likely to be observed by non-consenting persons who could be affronted or alarmed.State v. Zeidell, 154N.J. 417, 430 (1998).

4N.J.S.A.2C:2-2b(2).

A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a persons conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.2

Purpose is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts. It is not necessary for the State to produce a witness to testify that the defendant stated that he/she acted with a particular state of mind. It is within your power to find that proof of purpose has been furnished beyond a reasonable doubt by inferences that may arise from the nature of the acts and circumstances surrounding the conduct in question. The third element that the State must prove beyond a reasonable doubt is that the defendant knew or reasonably expected that he/she was likely to be observed by a child under the age of 13.3Here, the State alleges(Insert applicable facts).

A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if a person is aware that his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/her conduct if a person is aware that it is practically certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts.4

Like purpose, knowledge is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts.

The fourth element that the State must prove beyond a reasonable doubt is that the victimLEWDNESS (Victim less than 13 years of age) (N.J.S.A. 2C:14-4b(1))Page 3 of 3

of the alleged lewd act was less than 13 years of age. In this case, the State alleges that the victim was years old.

The fifth element that the State must prove beyond a reasonable doubt is that the defendant was more than four years older than the victim. In this case, the State alleges that the defendant was years old, and again, the victim was years old.

If you find that the State has proven every element beyond a reasonable doubt, then you must find the defendant guilty. If, however, the State has failed to prove any element beyond a reasonable doubt, then you must find him/her not guilty.

Letters of Administration If No Will

The Law Offices of Kenneth Vercammen & Associates handles Probate, contested wills, contested estates, trust mismanagement and theft, Probate disputes, inheritance problems, estate mismanagement and theft, undue influence, lack of legal capacity, contentious probates, and other relevant issues. We encourage you to consult an attorney if you are faced with any of these situations.
Do you think youre entitled to money or might be entitled to money from an estate or trust? Do you believe that someone is unfairly claiming money or property that is rightfully yours? If so, and you are a prospective plaintiff or defendant, then you may need an attorney to protect your rights.
These areas are extremely complex. You should not attempt to reach a decision on whether or not to take action (and, if so what action to take) without the assistance of counsel.
You must call to schedule an in-office consultation as we cannot provide legal advice over the phone.
The following New Jersey statute sets forth how someone can take charge of an estate if there is no Will:
3B:10-2. To whom letters of administration granted- No Will
If any person dies intestate, administration of the intestates estate shall be granted to the surviving spouse of the intestate, if he or she will accept the administration, and, if not, or if there be no surviving spouse, then to the remaining heirs of the intestate, or some of them, if they or any of them will accept the administration, and, if none of them will accept the administration, then to any other person as will accept the administration.
If the intestate leaves no heirs justly entitled to the administration of his estate, or if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogates court may grant letters of administration to any fit person applying therefor.

Letter of Instruction to family in case of death or disability

How to Prepare Letters of Instruction To Family, Employees, and Executor Regarding Funeral Arrangements, Business Transfer and Post-Death Procedures

         Compiled by Kenneth A. Vercammen, Esq. from various sources

         We highly recommend all adults have a current Will, a Power of Attorney and a Living Will. In addition, individuals are encouraged to plan ahead and write messages to their family and executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death.  The information you furnish should ease the settlement of your estate and provide for an orderly winding-up of your affairs.  You need to share what you know with those who ( often suddenly and without warning) must step into your shoes and carry out your final needs.

        

What Should Your Letters of Instructions Cover ?

Letter to Your Family

         Typically, this letter would be written to the person who is your executor.  You may also want to address the letter to your children, particularly if they are the primary beneficiaries of your estate or they will be called upon to assist your spouse directly in the settlement of your estate and business affairs.  The letter of instruction is prepared by you and is meant to provide assistance and guidance to your family regarding items not covered in your will.   This letter will not change your Will.  If you wish changes in your Will, speak to your attorney.  Some possible points to cover in the family letter are :

1.   Funeral and burial arrangements: Where, by whom, what kind, and at what cost?

2.   Anatomical gifts: Identify the nature and location of any anatomical gift declarations you have made.

3.   Memorials and contributions: Identify what organizations or institutions might be appropriate recipients of memorials or charitable donations made in your memory.

4.   Preparation of obituary: Should your obituary be prepared in advance and be updated periodically? To which newspaper should it be sent?

5.   Notifications of friends, relatives, business associates, and colleagues in charitable or civic groups. Identify those persons to be contracted upon your death, noting any particular requests or messages to be given, and listing their current addresses and phone numbers.

6.   Location of your safe-deposit box and its key.

7.   Location of your will and estate planning documents: Include any trusts, buy sell agreements, or  extraneous writings incorporated in your will.

8.   Medical and hospital coverages and location of the policies.

9.   Social Security and Veterans Administration benefits: Identify current or potential benefits.

10.  Life insurance: Indicate where policies are located and what steps should be taken to collect policy  proceeds.

11.  Location and explanation of title documents and other records relating to your assets. Include deeds,  stocks, bonds, bank accounts and deposits, retirement plans, and vehicle titles.

12.  Identify obligations involving periodic payments, such as your home mortgage, car loans, and other debts, including amount and to whom payable.

13.  Identify your attorney and professional advisers (including your accountant, broker, trust officer, and insurance agent) who you currently use or recommend.

14. Key employees and business friends to keep business operating until sale. The value of an ongoing business is much greater than a closed one!

15.  Passwords for online bank accounts, and other finances. Where are they

16. Passwords for email accounts, plus online social media, such as Facebook.

         You should review and update your letters of instruction periodically to be certain they are complete and current.   In most cases, you should personally discuss the contents of the letters with the persons to whom they are addressed, especially so with your spouse and executor to amplify or clarify the instructions given and answer any questions.  In all events, it is advisable to give the letters of instructions once written to the addressees so that they will be aware that the letters call for certain actions promptly after your death. A letter setting forth the above items will be especially helpful if your executor is someone who doesn't live with you and doesn't know the location of all your personal papers and assets. For those individuals with a business, a shareholder's agreement or buy-sell agreement is recommended.

                                                  Conclusion

         While the preceding list contains possible topics to be covered in your letters to your family and executor, the list is by no means exhaustive. A number of these items may not be applicable in your situation, and probably there are many others that are applicable. The important thing is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death, and then write those matters down as soon as possible. 

         Each of us has our own style of letter writing, especially when we are writing our loved ones or close associates.  In such circumstances a special and personal form of communication is needed.  We are mindful that each such letter should be unique and that there is no best way to compose the letter. For estate planning, speak with an experienced attorney.

http://www.njlaws.com/letters_of_instruction.htm

  Kenneth A. Vercammen is a Middlesex County trial attorney who has published 125 articles in national and New Jersey publications on business and litigation topics.  He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. 

 KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

 2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)  732-572-0030

    website: www.njlaws.com

  LETTER OF LAST INSTRUCTIONS

This list is designed to assist you or your heirs in locating important documents and information needed to settle your estate. You should review this document regularly and update as needed. Compliments of

 KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500

                  Name: __________________________________________

                  Address: ________________________________________

                  _______________________________________________

To:___________________________________________________

I. FUNERAL ARRANGEMENTS

         A.      Clergy -  Name: ___________________________________

                                Telephone No. _____________________________

                                Address: _________________________________

                                    ______________________________________

         B.      Burial -    Yes ___  No ___  Cremation - Yes ___ No ___

         C.      Funeral Director -   Name: ____________________________

                                                Telephone No. ______________________

                                                Address: _________________________

                                                _________________________________

         D.      I would like to be buried at:

                  Name of Cemetery: ________________________________

                  Telephone No. ____________________________________

                  Address: ________________________________________

                  _______________________________________________

Letter of Last Instruction form rev 3/16/15

         E.      In lieu of flowers, send contributions to:

                  Name of Charity: __________________________________

                  Address: ________________________________________

                  _______________________________________________

         F.      Other: __________________________________________

II. LOCATION OF IMPORTANT PAPERS

         1. Will

a. Date signed: _____________________________________

b. Where located: ________________________________

c. Name of executor: ________________________________

2. Durable power of attorney for finances

a. Date signed: _____________________________________

b. Where located: __________________________________

c. Name of attorney-in-fact: __________________________________________

3. Living will

a. Date signed: _____________________________________

b. Where located: __________________________________

4 Trust [If none write none]

a. Date signed: _______________________________________

b. Where located: ___________________________________

c. Name of trustee: _________________________________________________

5. Health insurance

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: __________________________________________________

6. Disability insurance

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: ___________________________________________________

7.. Life insurance

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: ___________________________________________________

d. Named beneficiary: ______________________________________________

8. Retirement/employee benefits

a. Company name, address, and phone number: _______________________

b. Named beneficiary: _____________________________________________

9. Long term care insurance [If none write none]

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: ___________________________________________________     

         -Securities located at: ________________________________

         -Deeds located at: _______

         Pension Booklet and Summary: ___________________________

         -Safe Deposit Box Key located at: _______

                  Bank Name: __________________________________________

                  Branch Address: ______________________________________

         -Business Agreements located at: _______

         -Income Tax Returns located at: _______

List of doctors  __________________________

III. PROFESSIONALS

         A.      Attorney:            Kenneth A. Vercammen

                                             Attorney at Law

                                             2053 Woodbridge Ave.

                                             Edison, NJ 08817

                                             Phone: (732)-572-0500

         B.      Accountant: ________________________________________

         C.      Financial Planner: ____________________________________

         D.      Trust Officer: ______________________________________

         E.      Insurance Broker: ____________________________________

         F.      clergy: ________________________________

         G.       Other: _____________________________________________

IV. SUGGESTIONS FOR CHILDREN /GRANDCHILDREN

         A.      College Education (describe):__________________________

                  ________________________________________________

         B.      Special Training (describe):____________________________

                  ________________________________________________

         C.      Wedding (describe):__________________________________

                  _________________________________________________

V. PERSONS TO NOTIFY OF MY DEATH

         A.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         B.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         C.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         D.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         E.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         F.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         G.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         H.      Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

         I.       Name:  ____________________ Telephone No. _______________

                  Address:  ___________________________________________                                          

OTHER SUGGESTIONS:  __________________________________________

LIST OF MAJOR ASSETS FOR FAMILY

-Personal financial information including credit cards, loans, checking and savings accounts, brokerage accounts, stocks, bonds and U.S. savings bonds, mutual funds, outstanding loans both owing and owed  

     Stocks, bonds and other securities.  How Registered. Approximate Amount of Each. (Joint - Survivorship - P.O.D. - Trust - Custodial) If none, write none

____________________________________________________________

____________________________________________________________

____________________________________________________________

      Real Estate:  Location and General Description - Record Owners -

How and When Acquired , Estimated Value - Mortgages, Approximate Amount of Each:  If none, write none

____________________________________________________________

____________________________________________________________

____________________________________________________________

     Insurance policies, pensions, retirement and death benefits: 

(Identification and beneficiary)  If none, write none

COMPANY                               AMOUNT OF POLICY                   BENEFICIARY

____________________________________________________________

____________________________________________________________

____________________________________________________________

         Bank and Savings & Loan Association Accounts:  Savings - Time Cert. - Checking - other.  How registered (Joint, Survivorship, Trust, Custodial)

 If none, write none

BANK APPROXIMATE AMOUNT  BENEFICIARY

____________________________________________________________

____________________________________________________________

      Major Personal Effects:  Including Furs, Jewelry, Art, Cash on Hand and other items of Substantial Value and the Approximate Amount of Each:

 If none, write none

____________________________________________________________

____________________________________________________________

____________________________________________________________

       Other Investments:  Nature and in What Names(s) Held and the Approximate Amount of Each:

 If none, write none

____________________________________________________________

____________________________________________________________

       Safe Deposit Box:  Location and How Registered:  If none, write none

______________________________________________________________

         Liabilities More Than $2,000.00:   If none, write none

____________________________________________________________

____________________________________________________________

         Estimated Gross Estate: 

$_________________________________________________________

Computer passwords to online accounts are located at: ________________