N.J. Model Criminal Jury Charge, N.J.S.A. 2C:17-3a(8)

Approved 11/13/06

CRIMINAL MISCHIEF – BREAKING OR DIGGING UP

GAS PIPES OR MAINS, ETC.

N.J.S.A. 2C:17-3b(8)

Count ____ of the indictment charges de fendant with committing the offense of

criminal mischief by (insert allegation of the indictment ). In pertinent part, the indictment

alleges that

(Read material part of Count ____ to jury)

Defendant is charged with violating a pr ovision of our law that provides that a

person is guilty of criminal mischief if he/she purposely or knowingly breaks, digs up,

obstructs or otherwise tampers with any pipes or mains for c onducting gas, oil or water, or

any works erected for supplying buildings with ga s, oil or water, or any appurtenances or

appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise

tampers with any electric light wires, poles or appurtenances, or any telephone,

telecommunications, cable television or telegraph wires, lines, cables or appurtenances.

In order to convict defendant of this offense, you must find that the State has

proved beyond a reasonable doubt each of the following three elements:

1. That (name/description of damaged property

) is:

[CHARGE AS APPROPRIATE]

a. a pipe or main for conducting gas, oil or water;

b. works erected for supplying gas, o il or water to any building or any

appurtenance or appe ndage therewith connected;

c. electric light wires, poles or appurtenances; or

d. telephone, telecommunications, cable television or telegraph wires,

lines, cables or appurtenances.

2. That defendant:

[CHARGE AS APPROPRIATE]

a. broke/dug up/obstructed/or otherwise tampered with:

i. a pipe or main for conducting gas, oil or water,

or

ii. works erected for supplyi ng buildings with gas, oil or water [or

any appurtenance or appendage therewith connected].

CRIMINAL MISCHIEF – BREAKING OR DIGGING

UP GAS PIPES OR MAINS, ETC.

(N.J.S.A. 2C:17-3b(8))

OR

b. injured/cut/broke down/destr oyed/or otherwise tampered with:

i. an electric li ght wire/pole/appurtenance,

or

ii. a telephone/telecommuni cation/cable television/telegraph wire/

line/cable/appurtenance.

3. That defendant acted purposely or knowingly.

The first element that the State must prove beyond a reasona ble doubt is that

(name/description of property damaged ) is a [pipe or main for conducting gas, oil or

water] [works erected for supplying buildings w ith gas, oil or water or any

appurtenance or appendage therewith connected] OR is [an electric light wire/

pole/appurtenance] [a telephone/telecommunication/cab le televis ion/telegraph wire/

line/cable/appurtenance]. The term appurtenance means something that belongs or is

annexed to a more substantial structure ( e.g., a porch attached to a house). 1 The term

appendage means an accesso ry or subordinate part of something else ( e.g., the arm on a

body).2

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

defendant [CHARGE AS APPROPRIATE]:

a. broke/dug up/obstructed/otherwise tampered with (insert name/ description of

property damaged).

OR

b. injured/cut/broke down/destr oyed/otherwise tampered with (insert name/

description of property damaged).

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

defendant acted purposely or know ingly when he engaged in su ch conduct. A defendant

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. A defendant

acts purposely with respect to attendant circumstances if he/she is aware of the existence of

1 See Black’s Law Dictionary (rev. 4th ed.).

2 See Black’s Law Dictionary (rev. 4th ed.).

CRIMINAL MISCHIEF – BREAKING OR DIGGING

UP GAS PIPES OR MAINS, ETC.

(N.J.S.A. 2C:17-3b(8))

such circumstances or believes or hopes that they exist. 3 In other words, for you to find

that defendant acted purposely, you must be satisfied beyond a reasonable doubt that

defendant’s purpose or conscious object was to:

[CHARGE AS APPROPRIATE]

(1) break/dig up/obstruct/o therwise tamper with:

a. a pipe or main for conducting gas/oil/water

or

b. works erected for supplying build ings with gas/oil/water or any

appurtenance/appendage therewith connected.

OR

(2) injure/cut/break down/destroy/otherwise tamper with:

a. an electric li ght wire/pole/appurtenance

or

b. a telephone/telecommunications/cab le television/telegraph wire/ line/

cable appurtenance,

when he/she engaged in the conduct alleged.

A defendant 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

defendant acts knowingly with re spect to a result of his/her conduct if defendant is aware

that it is practically certain that hi s/her conduct will cause such a result.

4 In other words,

for you to find that defendant acted knowingl y, you must be satisfied beyond a reasonable

doubt that defendant knew what he/she was doi ng, and that defendant was aware that the

nature of his/her conduct a nd the attendant circumstances were such as to make it

practically certain that his/her conduct would:

[CHARGE AS APPROPRIATE]

(1) break/dig up/obstruct/otherwise tamper with:

a. a pipe or main for conducting gas/oil/water

3 See N.J.S.A. 2C:2-2b(1).

4 See N.J.S.A. 2C:2-2b(2).

CRIMINAL MISCHIEF – BREAKING OR DIGGING

UP GAS PIPES OR MAINS, ETC.

(N.J.S.A. 2C:17-3b(8))

or

b. works erected for supplying build ings with gas/oil/water or any

appurtenance/appendage therewith connected.

OR

(2) injure/cut/break down/destroy/otherwise tamper with

a. an electric light wire/pole/appurtenance

or

b. a telephone/telecommunications/cab le television/telegraph wire/line/

cable appurtenance,

when he/she engaged in the conduct alleged.

You should understand that purpose or knowledge is a condition of the mind. It

cannot be seen. It can only be determined by inferences fr om conduct, words or acts.

Therefore, it is not necessary for the State to produce witne sses to testify that defendant

stated, for example, that he/she acted with purpose or knowledge when he/she did a

particular thing. It is within your power to find that proof of purpose or knowledge has

been furnished beyond a reasonable doubt by inference which may arise from the nature of

the acts and the surrounding circumstances. Th e place where the acts occurred and all that

was done or said by defendant preceding, conne cted with, and immediately succeeding the

events in question are among the circumstances to be considered.

If you find that the State has failed to prove beyond a reasonable doubt any element

of the offense, you must find defendant not gu ilty. On the other ha nd, if you find that the

State has proven beyond a reasonable doubt every element of criminal mischief, you must

find defendant guilty of that offense.