N.J. Model Criminal Jury Charge, N.J.S.A. 2C:27-2

Revised 2/14/11

BRIBERY IN OFFICIAL AND POLITICAL MATTERS

(BRIBE GIVER)

(N.J.S.A. 2C:27-2)

Count ________ of the indictment charges defendant with the crime of bribery.

[READ COUNT OF INDICTMENT]

That statute reads in pertinent part as follows:

A person is guilty of bribery if he directly or indirectly offers,

confers or agrees to confer upon another...

(a) Any benefit as consideration for a decision, opinion,

recommendation, vote or exercise of discretion of a public

servant, party official or voter, on any public issue or in any

public election.

(or)

(b) Any benefit as consideration for a decision, vote,

recommendation or exercise of official discretion in a judicial

or administrative proceeding.

(or)

(c) Any benefit as consideration for a violation of an official duty

of a public servant or party official.

(or)

(d) Any benefit as consideration for the performance of official

duties.

In order for you to find the defendant guilty of the crime of bribery, the State must prove

beyond a reasonable doubt the following elements:

1. That the defendant directly or indir ectly offered, conferred or agreed to

confer a benefit upon insert name of person

.

2. CHOOSE AS APPROPRIATE

(a) That the defendant did so as consideration for ( insert name of

person)'s decision, opinion, recommendation, vote or exercise

BRIBERY IN OFFICIAL AND POLITICAL MATTERS

(BRIBE GIVER)

(N.J.S.A. 2C:27-2)

of official discretion as a pub lic servant (party official)

(voter) on a public issue or in any public election.

(or)

(b) that the defendant did so as consideration for ( insert name of

person)'s decision, vote, recommendation or exercise of

official discretion in a judicial (an administrative) proceeding.

(or)

(c) that the defendant did so as consideration for ( insert name of

person), a public servant (party official) violating an official

duty.

(or)

(d) that the defendant did so as consideration for ( insert name of

person)’s performance of official duties).

3. That the defendant acted purposely.

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

directly or indirectly offered, conferred or agreed to confer a benefit upon (insert name of person).

“Benefit” means gain or advantage, or anyt hing regarded by the beneficiary as gain or

advantage, including a pecuniary benefit or a benefit to any other person or entity in whose welfare

he/she is interested.1 “Benefit as consideration” means any benefit not authorized by law.

[CHARGE IF PECUNIARY BENEFIT ALLEGED]

“Pecuniary benefit” is benefit in the form of money, property, commercial interests or

anything else the primary significance of which is economic gain.2

[CHARGE IF APPLICABLE]

It is no defense to bribery that a person whom the actor sought to influence was not qualified

to act in the desired way whether because he/she had not assumed office, or lacked jurisdiction or for

any other reason.

[CHARGE IF APPLICABLE]

1 N.J.S.A. 2C:27-1a.

BRIBERY IN OFFICIAL AND POLITICAL MATTERS

(BRIBE GIVER)

(N.J.S.A. 2C:27-2)

It is no defense to bribery that a person who offered, conferred or agreed to confer a benefit

did so as a result of conduct by another constituting theft by extortion or coercion or an attempt to

commit either of those crimes.

[CHARGE IN ALL CASES]

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

AS APPROPRIATE]:

(a) That the defendant did so as consideration for ( insert name of

person)'s decision, opinion, recommendation, vote or exercise

of official discretion as a pub lic servant (party official)

(voter) on a public issue or in any public election.

(or)

(b) that the defendant did so as consideration for ( insert name of

person)'s decision, vote, recommendation or exercise of

official discretion in a judicial or (an administrative)

proceeding.

(or)

(c) that the defendant did so as consideration for ( insert name of

person), a public servant (party official) violating an official

duty.

(or)

(d) that the defendant did so as consideration for ( insert name of

person)’s performance of official duties).

“Consideration” means some right, interest or profit accruing to one party.3

[CHOOSE AS APPLICABLE]

“Public servant” means any officer or employee of government, including legislators and

judges, and any person participating as juror, advi sor, consultant or otherwise, in performing a

governmental function, but the term does not include witnesses.4 “Government” means any branch,

2 N.J.S.A. 2C:27-1f.

3 Black’s Law Dictionary (5th ed).

4 N.J.S.A. 2C:27-1e.

BRIBERY IN OFFICIAL AND POLITICAL MATTERS

(BRIBE GIVER)

(N.J.S.A. 2C:27-2)

subdivision or agency of the government of the state or any locality within it.5

“Party official” means a person who holds an elective or appointive post in a political party

in the United States by virtue of which he/she directs or conducts, or participates in directing or

conducting party affairs at any level or responsibility.6

“Administrative proceeding” means any proceeding, other than a judicial proceeding, the

outcome of which is required to be based on a record or documentation prescribed by law, or in

which law or regulation is particularized in application to individuals.7

[CHARGE IN ALL CASES]

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

purposely. A person acts purposely with respect to the nature of 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. Purpose,

with purpose, and similar words have the same meaning. In other words, in order for you to find that

the defendant acted purposely, the State must prove beyond a reasonable doubt that it was the

defendant's conscious object to give a bribe.

Purpose is a state or a condition of the mind which cannot be seen and can only be

determined by inferences from 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, members of the

jury, that witnesses be produced to testify that an accused said he/she had a certain state of mind

when he/she engaged in a particular act. His/Her state of mind may be gathered from his/her acts

and his/her conduct, and from all he/she said and did at the particular time and place, and from all of

5 N.J.S.A. 2C:27-1b.

6 N.J.S.A. 2C:27-1g.

7 N.J.S.A. 2C:27-1h.

BRIBERY IN OFFICIAL AND POLITICAL MATTERS

(BRIBE GIVER)

(N.J.S.A. 2C:27-2)

the surrounding circumstances.

If you find that the State has proved each of these three elem

ents beyond a reasonable doubt,

you must find the defendant guilty of bribery. If the State has failed to prove any of these elements

beyond a reasonable doubt, you must find the defendant not guilty.

[IF THE STATE ALLEGES THAT THE BENEFIT IS PECUNIARY, ADD]8

If the State has proved each element of the crime beyond a reasonable doubt, you must determine the

value of the benefit involved. “Pecuniary benef it” is benefit in the form of money, property,

commercial interests or anything else the primary significance of which is economic gain. The

State must prove beyond a reasonable doubt th at the value of the benefit involved [IF

APPROPRIATE, ADD: for each specific inst ance concerning which you have reached a

verdict of guilty] exceeds $200.

8 If a particular case involves an allegation of recei pt of a pecuniary benefit and a non-pecuniary

benefit, there should be separate interrogatories on the verdict sheet as to each type of benefit. This is because

bribery is a crime of the second degree unless the value of the pecuniary benefit is $200 or less.