N.J. Model Criminal Jury Charge, N.J.S.A. 2C:33-11

Approved 6/20/96

DEFACEMENT OR DAMAGE OF PROPERTY B Y PLACEMENT OF

SYMBOL, OBJECT OR GRAFFITI

N.J.S.A. 2C:33-11

The ________________ count of the Indictment charges the defendant _____________,

with the crime of purposely defacing or damagi ng the property of another by placing a symbol,

object or graffiti on the property. The statute on which this count of the Indictment is based

reads in pertinent part:

A person is guilty of a crime if he purposely defaces or damages,

without authorization of the owner or tenant, any private premises,

or property primarily used for relig ious, educational, residential,

memorial, charitable, or cemetery purposes, or for assembly of

persons for purpose of exercising any right

guaranteed by law or

by Constitution of this State or of the United States by placing

thereon a symbol, an object, a ch aracterization, an appellation, or

graffiti that exposes another to threat of violence.

In order for you to find the defendant guilty of this charge, the St ate has the burden of

proving beyond a reasonable doubt each of the following four elements of this crime:

1. That the defendant purposely defaced or damaged a

(Choose the applicable clause)

a. private premises; or

b. property primarily used for

(1) religious purposes; or

(2) educational purposes; or

(3) residential purposes; or

(4) memorial purposes; or

(5) charitable purposes; or

(6) cemetery purposes; or

(7) assembly by persons for the purpose of exer cising any right

guaranteed by law or by Constitution of this State or the United

DEFACEMENT OR DAMAGE OF PROPERTY BY

PLACEMENT OF SYMBOL, OBJECT OR GRAFFITI

N.J.S.A.2C:33-11

States.

2. That the defendant acted without the authorization of the owner or tenant of the

property.

3. That the defendant damaged or de faced the property by placing thereon:

(choose the applicable description[s])

a. a symbol;

b. an object;

c. a characterization;

d. an appellation; or

e. graffiti

4. That the symbol, object, characterization, appellation or graffiti placed on the

property by the defendant exposed another to the threat of violence.

In each of the four elements that I have ju st outlined to you, I have used certain words

which I will now define for you. In the first el ement, I stated that the defendant must act

“purposely” or “with purpose.” A person acts pur posely with respect to the nature of his/her

conduct or a result thereof it is hi s/her conscious object to engage in conduct of that nature or to

cause such a result. A person acts purposely with respect to the attendan t circumstances if the

individual is aware of the existence of such ci rcumstances or the individual believes or hopes

that they exist. One can be deemed to be acting purposely if one acts with design, with a

purpose, or with a particular object. In other words, did the defendant really mean to do what

he/she did?

There are other words used in the four elements that I will define for you:

(Choose the appropriate phrases applicable to the facts of the case)

DEFACEMENT OR DAMAGE OF PROPERTY BY

PLACEMENT OF SYMBOL, OBJECT OR GRAFFITI

N.J.S.A.2C:33-11

In the first element:

1. To deface means: To spoil the surface or appearance; or to impair the usefulness

or value.

2. To damage is: To detrimentally a ffect the quality or utility of property.

In the second element:

1. Authorization is: To r eceive approval or permission.

In the third element:

1. Symbol is: Something that represents something else by recognizable association,

resemblance or convention.

2. An object is: Something perceptible, especially to the sens e of vision or touch.

3. Characterization is: A description or representation of a pe rson’s qualities or

peculiarities.

4. Appellation is: A name or title.

5. Graffiti is: A drawing, slur or inscription scratched on a wall or other surface.

In the fourth element:

1. A threat is: An indication exposing one to a fear of imminent or impending danger

or harm.

2. Violence is: Physical force exerted for the purpose of violating, damaging or

abusing.

The State must prove beyond a reasonable doubt al l four of the elements that constitute

this offense. If you are satisfied, beyond a reas onable doubt, that the State has proven each and

every one of the elements of this offense, as I have defined them, then you must find the

defendant guilty. However, if you find that th e State has failed to prove, beyond a reasonable

doubt, any one or more of the elements of this offense as I have defined them, then you must find

DEFACEMENT OR DAMAGE OF PROPERTY BY

PLACEMENT OF SYMBOL, OBJECT OR GRAFFITI

N.J.S.A.2C:33-11

the defendant not guilty.