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DEFACEMENT OR DAMAGE OF PROPERTY 2C:33-11 model jury charge

DEFACEMENT OR DAMAGE OF PROPERTY BY PLACEMENT OF

SYMBOL, OBJECT OR GRAFFITI

N.J.S.A.2C:33-11model jury charge

The ________________ count of the Indictment charges the defendant _____________, with the crime of purposely defacing or damaging the property of another by placing a symbol, object or graffiti on the property.The statute on which this count of the Indictment is based reads in pertinent part:

A person is guilty of a crime if he purposely defaces or damages, without authorization of the owner or tenant, any private premises, or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly of persons for purpose of exercising anyrightguaranteed by law or by Constitution of this State or of the United States by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence.

In order for you to find the defendant guilty of this charge, the State has the burden of proving beyond a reasonable doubt each of the following four elements of this crime:

1.That the defendant purposely defaced or damaged a

(Choose the applicable clause)

a.private premises; or

b.property primarily used for

(1)religious purposes; or

(2)educational purposes; or

(3)residential purposes; or

(4)memorial purposes; or

(5)charitable purposes; or

(6)cemetery purposes; or

(7)assembly by persons for the purpose of exercising any right guaranteed by law or by Constitution of this State or the United States.

2.That the defendant acted without the authorization of the owner or tenant of the property.

3.That the defendant damaged or defaced the property by placing thereon:

(choose the applicable description[s])

a.a symbol;

b.an object;

c.a characterization;

d.an appellation; or

e.graffiti

4.That the symbol, object, characterization, appellation or graffiti placed on the property by the defendant exposed another to the threat of violence.

In each of the four elements that I have just outlined to you, I have used certain words which I will now define for you.In the first element, I stated that the defendant must act purposely or with purpose.A person acts purposely with respect to the nature ofhis/herconduct or a result thereof it ishis/herconscious object to engage in conduct of that nature or to cause such a result.A person acts purposely with respect to the attendant circumstances if the individual is aware of the existence of such circumstances or the individual believes or hopes that they exist.One can be deemed to be acting purposely if one acts with design, with a purpose, or with a particular object.In other words, did the defendant really mean to do whathe/shedid?

There are other words used in the four elements that I will define for you:

(Choose the appropriate phrases applicable to the facts of the case)

In the first element:

1.To deface means: To spoil the surface or appearance; or to impair the usefulness or value.

2.To damage is: To detrimentally affect the quality or utility of property.

In the second element:

1.Authorization is: To receive approval or permission.

In the third element:

1.Symbol is: Something that represents something else by recognizable association, resemblance or convention.

2.An object is: Something perceptible, especially to the sense of vision or touch.

3.Characterization is: A description or representation of a persons qualities or peculiarities.

4.Appellation is: A name or title.

5.Graffiti is: A drawing, slur or inscription scratched on a wall or other surface.

In the fourth element:

1.A threat is: An indication exposing one to a fear of imminent or impending danger or harm.

2.Violence is: Physical force exerted for the purpose of violating, damaging or abusing.

The State must prove beyond a reasonable doubt all four of the elements that constitute this offense.If you are satisfied, beyond a reasonable doubt, that the State has proven each and every one of the elements of this offense, as I have defined them, then you must find the defendant guilty.However, if you find that the State has failed to prove, beyond a reasonable doubt, any one or more of the elements of this offense as I have defined them, then you must find the defendant not guilty.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.NJLaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

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Kenneth Vercammen & Associates, P.C.
at 732-572-0500
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