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


2C:21-2.1c)[1] model jury charge

UTTERING OF FALSE GOVERNMENT DOCUMENTS

(N.J.S.A. 2C:21-2.1c)[1]model jury charge

Count ____ of the indictment charges the defendant with exhibiting, displaying or uttering false government documents.

(Read the count from the indictment)

The statute upon which this count of the indictment is based states in pertinent part:

A person who knowingly exhibits, displays or utters a document or other writing which falsely purports to be a drivers license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a persons identity or age or any other personal identifying information is guilty of a crime.

In this case, the State alleges that the defendant (describe).

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

1. That on (cite date set forth in indictment) the defendant knowingly (CHOOSE APPROPRIATE: [exhibited] [displayed] [uttered]) a (CHOOSE APPROPRIATE: [document] [other writing]), and

2. That the document or other writing falsely purported to be a (CHOOSE APPROPRIATE: [drivers license] [birth certificate] [other document]) issued by a governmental agency that could be used as a means of verifying a persons identity or age or any other personal identifying information.

The first element that the State must prove beyond a reasonable doubt is that on (cite date set forth in indictment) the defendant knowingly (CHOOSE APPROPRIATE: [exhibited] [displayed] [uttered a document] [other writing]).

A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if he/she is aware that his/her conduct is of that nature, or that such circumstances exist, or he/she is aware of a high probability of their existence.

A person acts knowingly with respect to a result of his/her conduct if he/she is aware that it is practically certain that his/her conduct will cause such a result. Knowing, with knowledge or equivalent terms have the same meaning.

Knowledge is a condition of the mind. It cannot be seen. It can only be determined by inferences from the defendants conduct, words or acts. A state of mind is rarely susceptible of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce witnesses to testify that an accused said that he/she had a certain state of mind when he/she did a particular thing. 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 his/her acts and conduct and from all he/she said and did at the particular time and place and from all surrounding circumstances established by the evidence.

Writing includes printing or [CHOOSE APPROPRIATE: any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, access devices, and other symbols of value, right, privilege, or identification, including retail sales receipts, universal product code (UPC) labels and checks.[2]]

A document or writing is uttered when it is offered as genuine accompanied by words or conduct indicating that it is genuine, without regard as to whether it is so accepted.[3]

The second element that the State must prove beyond a reasonable doubt is that the (CHOOSE APPROPRIATE: [document] [other writing]) was falsely purported to be a (CHOOSE APPROPRIATE: [drivers license] [birth certificate] [other document]) issued by a governmental agency. (CHOOSE APPROPRIATE: [The State has offered evidence] [It has been stipulated]) that the (insert name of governmental agency) is a governmental agency. The second element also requires that the State prove beyond a reasonable doubt (or it has been stipulated) that the (CHOOSE APPROPRIATE: [document] [printed form] [other writing]), purported to be issued by a governmental agency, could be used as a means of verifying a persons identity or age or other personal identifying information.[4]

Personal identifying information means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the name, address, telephone number, date of birth, social security number, official State issued identification number, employer or taxpayer number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number, mothers maiden name, unique biometric data, such as fingerprint, voice print, retina or iris image or other unique physical representation, or unique electronic identification number, address or routing code of the individual.[5]

If the State has proven each of the elements of this crime beyond a reasonable doubt, then you must find the defendant guilty of exhibiting, displaying or uttering false government documents. However, if the State has failed to prove any element beyond a reasonable doubt, then you must find the defendant not guilty.



[1] A violation of [N.J.S.A. 2C:28-7], constituting a disorderly persons offense, section 1 of P.L.1979, c. 264 (C.2C:33-15), R.S.33:1-81 or section 6 of the P.L.1968, c. 313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his [or her] age for the purpose of obtaining tobacco or other consumer product denied to persons under 18 years of age shall not constitute an offense under this subsection if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another. N.J.S.A. 2C:21-2.1c.

[2] N.J.S.A. 2C:21-1a.

[3] State v. Gledhill, 67 N.J. 565, 572 (1975) (citation omitted).

[4] It is not an offense under the statute if the defendant is alleged to have committed the disorderly persons violation codified at either N.J.S.A. 2C:28-7, or N.J.S.A. 2C:33-15, or N.J.S.A. 33:1-81.7, which apply to the use of the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco or other consumer product denied to persons under 18 years of age and the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another. N.J.S.A. 2C:21-2.1(c).

If there is evidence that is raised to support that defense, the jury should be instructed that the State bears the burden to disprove beyond a reasonable doubt the elements of that defense and its applicability. See N.J.S.A. 2C:1-13(b).

[5] N.J.S.A. 2C:20-1v.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
Receive free NJ Laws Email newsletter with current laws and cases

Telephone Consultation Program
New Article of the Week

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.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.

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.