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2C:34-5(a) model jury charge


N.J.S.A.2C:34-5(a)model jury charge

(Defendant) is charged with committing an act of sexual penetration while infected with a venereal disease.The indictment charging this offense reads:


The statute prohibiting this conduct provides, in pertinent part:

A person is guilty of a crime ifhe/she, knowing that he or she is infected with a venereal disease[CHOOSE AS APPROPRIATE]:such as chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases, commits an act of sexual penetration without the informedconsent of the other person.

For (defendant) to be guilty of this crime, the State must prove each of the following elements beyond a reasonable doubt:

First that at the time charged in the indictment (defendant) was infected with(CHOOSE SPECIFIC DISEASE),or a variety or stage thereof.

Second, that, at that time, (defendant) knew thathe/shewas so infected;

Third, that, at that time, (defendant) committed an act of sexual penetration with (another person).

Fourth, that (the other person) did not provide (defendant) with his/her informed consent.

The first element that the State must prove beyond a reasonable doubt is that (defendant) was infected with (a venereal disease), or any variety or stage thereof on [date].

The second element that the State must prove beyond a reasonable doubt is that (defendant) knew thathe/shewas so infected.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.Knowing, with knowledge, and other equivalent terms have the same meaning.

Knowing is a state of mind.It cannot be seen.Often, it can be proved only by inference drawn from conduct, words, and acts, as well as surrounding circumstances.Therefore, it is not necessary that the State present testimony that (defendant) said thathe/shehad a certain state of mind whenhe/shedid something.It is within your power to find that such proof has been furnished beyond a reasonable doubt by inferences which may arise from the nature of (defendants) acts and conduct, from all thathe/shesaid and did at the particular time and place, and from all surrounding circumstances.

The third element that the State must prove beyond a reasonable doubt is that (defendant) engaged in sexual penetration with (another person).Sexual penetration means [SELECT APPROPRIATE TERMS:vaginal intercourse, cunnilingus[1], fellatio[2], anal intercourse, or the insertion of the hand, finger, or object into the anus or vagina by (defendant) [WHERE APPROPRIATE ADD:or athis/herinstruction]].Any amount of insertion, however slight, constitutes penetration; the depth of the insertion is not relevant.

The fourth element that the State must prove beyond a reasonable doubt is that (defendant) so acted without having the informed consent of the other person.Informed consent means the persons voluntary and knowing agreement to submit to an act of sexual penetration with a person having [the specified disease.The State must prove beyond a reasonable doubt that the victim was not informed of (the specified disease) with which (defendant) was infected.

If the State has proved each of these elements beyond a reasonable doubt, your verdict must be guilty of this charge. If, on the other hand, the State has failed to prove any of these elements beyond a reasonable doubt, your verdict must be not guilty.

[1]Cunnilingus, oral stimulation of the female sexual organ, is a form of sexual penetration even if one does not insert his/her tongue into the others vagina.

[2]Fellatio, oral stimulation of the male sexual organ, is a form of sexual penetration even if ones penis does not enter the others mouth.Placing the mouth of another person on the penis constitutes fellatio.

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