N.J. Model Criminal Jury Charge, N.J.S.A. 2C:35-13

Approved 10/17/88

OBTAINING A CONTROLLED DANGEROUS SUBSTANCE BY FRAUD

(N.J.S.A. 2C:35-13)

The defendant is charged with obtaining a controlled dangerous substance by fraud. The

applicable statute reads in pertinent part:

It shall be unlawful for any pers on to acquire or obtain possession

of a controlled dangerous substa nce . . . by misrepresentation,

fraud, forgery, deception or subterfuge.1

To obtain a conviction on this charge the St ate must prove each of the following elements

beyond a reasonable doubt:

(1) That defendant acquired or obtaine d possession of a controlled dangerous

substance;

(2) That defendant did so by misrepresentation, fraud, forgery, deception or

subterfuge; and

(3) That defendant acted knowingly. 2

Possession is a knowing intentional contro l of a designated thing, accompanied by a

knowledge of its character. Controlled dangerous substances are defined by statute and

specifically include .

Misrepresentation means a false or incorrect account, explanation or presentation. Fraud

is an intentional deception designed to cause a pe rson to give up property or some other lawful

right. Forgery is the intentional and unauthorized alteration, change, creation, completion,

execution, authentication, issuance or transfer of any writing. Deception is the purposeful

creation or reinforcement of a false impressio n, or the prevention of another from acquiring

information which would affect that person's judgment of a transaction, or the failure to correct a

false impression which was previously created or re inforced. Subterfuge is any plan or action,

device or artifice used to evade the truth.

1 By its terms, the statute also applies to any "controlled substance analog." This should be incorporated into

the charge in appropriate cases. A definition for a "controlled substance analog" can be found in N.J.S.A. 2C:35-2.

It should be noted that the statute also makes it unlawful "for any person to acquire or obtain possession of

a forged or fraudulent certificate of destruction required pursuant to N.J.S.A. 2C:35-21. "This Model Charge is not

intended to cover such a situation.

2 N.J.S.A. 2C:2-2c(3).

OBTAINING A CONTROLLED DANGEROUS SUBSTANCE

BY FRAUD

(N.J.S.A. 2C:35-13)

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances if the person is aware that his/he r conduct is of that nature, or that such

circumstances exist, or the person is aware of a high probability of their existence. A person acts

knowingly with respect to a result of his/her conduc t if the person is aware that it is practically

certain that his/her conduct will cause such a result.

Thus, a conviction for the crime of obtaini ng a controlled dangerous substance by fraud

would require proof beyond a re asonable doubt that the defe ndant acquired or obtained

possession of a controlled dangerous substance, that he/she did so by fraudulent means, and that

he/she acted knowingly, as I have defined these terms for you.

If you find that the State has failed to prove anyone or more of these elements of the

crime beyond a reasonable doubt, then you must find the defendant Not Guilty of obtaining a

controlled dangerous substance by fraud. On the other hand, if you find that the State has proved

all of the elements of the crime beyond a reas onable doubt, then you must find the defendant

Guilty as charged.