N.J. Model Criminal Jury Charge, N.J.S.A. 2C:29-6b

Approved 1/22/86

PROVIDING AN INMATE WITH CONTRABAND1

(N.J.S.A. 2C:29-6b)

Under the circumstances of this case, I charge you that you should also consider whether

defendant has committed the offense of providing contraband to an inmate of an institution or a

detention facility.

The relevant statute provides that "A pe rson commits a[n]...offense if he provides an

inmate with any other thing [than a weapon, tool or other thing which may be useful for escape]

which he knows or should know it is unlawful for the inmate to possess."

To obtain a conviction on this charge, the State must prove each of the following

elements beyond a reasonable doubt:

(1) That defendant provided S1 to an inmate of an institution or a detention

facility;

(2) That S1 is not a weapon, tool or other thing which may be useful for

escape; and

(3) That defendant knew or should have known that it was unlawful for the

inmate to possess S1.

I have already defined the relevant terms fo r you. If you find that the State has failed to

prove any one or more of the elements of th is offense beyond a reason able doubt, then your

verdict should be Not Guilty. On the other hand, if you find that the State has proven all of the

elements beyond a reasonable doubt, then your verdict should be Guilty.

1 Note: This is a lesser included offense to the crim e of providing an implement for escape to an

inmate of an institution or a detention facility under N.J.S.A. 2C:29-6a. The following is

not meant to stand alone, but to serve as a supplement to the model charge entitled

Escape Implements - Introducing into Institution or Providing Inmate ( N.J.S.A.

2C:29-6a).