NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


Killing service dog 2C:29‑3.2 model jury charge

KILLING A SERVICE ANIMAL OR GUIDE DOGN.J.S.A.2C:29‑3.2model jury charge

Count _____ of this indictment charges the defendant with the crime of killing a service animal or guide dog.

(Read Appropriate Count of Indictment)

The applicable statute provides, in pertinent part, that:

(a)ny person who recklessly kills a service animal or guide dog, or who recklessly permits a dog that the person owns or over which the person has immediate control, to kill a service animal or guide dog

is guilty of a crime.

In order for you to find the defendant guilty, the State must prove the following elements beyond a reasonable doubt:

1.that the animal was a service animal or guide dog;

2.that the defendant[CHOOSE APPLICABLE ALTERNATIVE]killed theanimalORpermitted a doghe/sheowned or over whichhe/shehad immediate control to kill the animal; and

3.that the defendant acted recklessly.

The firstelement that the State must prove beyond a reasonable doubt is that the animal was a service animal or guide dog.

Service animal[1]means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.Other species of animals, whether wild or domestic, trained or untrained, are not service animals.The work or tasks performed by a service animal must be directly related to the individuals disability.Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non‑violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.The crime deterrent effects of an animals presence and the provision of emotional support, well‑being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

Guide dog[2]means a dog which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training.

The second element that the State must prove beyond a reasonable doubt is that the defendant[CHOOSE APPLICABLE ALTERNATIVE]killed the animalORpermitted a doghe/sheowned or over whichhe/shehad immediate control to kill the animal.

The third element that the State must prove beyond a reasonable doubt is that the defendant acted recklessly.

A person acts recklessly with respect to the result ofhis/herconduct ifhe/sheconsciously disregards a substantial and unjustifiable risk that the result will occur fromhis/herconduct.The risk must be of such a nature and degree that, considering the nature and purpose of the actors conduct and the circumstances known to the actor, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actors situation.One is said to act recklessly if one acts with recklessness, with scorn for the consequences, heedlessly, fool‑hardily.

In other words, you must find that the defendant was aware of and consciously disregarded the risk of causing the death of a service animal or guide dog.If you find that the defendant was aware of and disregarded the risk of causing the death of a service animal or guide dog, you must determine whether the risk thathe/shedisregarded was substantial and unjustifiable.In doing so, you must consider the nature and purpose of the defendants conduct, and the circumstances known to the defendant, and you must determine whether, in light of those factors, the defendants disregard of that risk was a gross deviation from the conduct a reasonable person would have observed in the defendants situation.

If you find that the State has provenevery element of this offense beyond a reasonable doubt, then you must find the defendant guilty.If, however, you find that the State has failed to prove any element of this offense beyond a reasonable doubt, then you must find the defendant not guilty.



[1]N.J.S.A.2C:29‑3.2e defines service animal with the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42U.S.C. 12101et seq., and any regulations under the act.See also28C.F.R. 36.104 (2013).

[2]SeeN.J.S.A.2C:29‑3.2e.

   
FOR POTENTIAL CLIENTS TO CONTACT US DURING NON-BUSINESS HOURS, PLEASE FILL OUT THE FORM.
Name:
Cell Phone:
E-Mail Address


If You Do Not Include a Complete E-Mail Address, Network will not Forward Your Contact Form to the Law Office.

Details of the Case
Agree
By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen

Change Image
Write the characters in the image above


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

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.KennethVercammen.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.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Copyright 2017. Kenneth Vercammen & Associates, P.C.