N.J. Model Criminal Jury Charge, N.J.S.A. 52:17B-89

Approved 5/13/13

FAILURE TO REPORT A DEATH OF A PERSON AND TOUCHING,

REMOVING AND/OR DISTURBING THE BODY OF A DECEASED PERSON

N.J.S.A. 52:17B-89—CAYLEE’S LAW

(Effective January 5, 2012)

Count (INSERT) of the Indictment charges the defendant with the crime of failing

to report a death and touching, removing, or disturbing the body and/or the clothing upon

or near the deceased. (Read the Indictment) . The statute on which this count of the

Indictment is based reads in pertinent part:

Any person who may become aware of a ny death by

criminal violence, by accident or suicide, or in any

suspicious or unusual manner who knowingly neglects or

refuses to report that death to the office of county medical

examiner, the office of State Medical Examiner, or to the

police department of the municipality in which the person

died and knowingly touches, removes, or disturbs the body

of the deceased or touches, removes, or disturbs the

clothing upon or near the deceased without an order from

the office of county medical examiner or the of fice of State

Medical Examiner is guilty of a crime.

In order for you to find the defendant guilty of this offense, the State must prove

beyond a reasonable doubt:

1. That the death of ___________ (insert deceased’s name) was by

criminal violence, by accident or suicide, or in any suspicious or

unusual manner;

2. That the defendant became aware of the death of __________

(insert deceased’s name);

1

3. That the defendant knowingly neglected or refused to report that

death to the office of county medical examiner, the office of State

Medical Examiner, or to the police department of the municipality

in which _________ (insert deceased’s name) died;

4. That the defendant knowingly touched, removed, or disturbed the

body of the deceased and/or touched, removed, or disturbed the

clothing upon or near the deceased;

5. That the defendant did not have an order from the office of county

1 State v. N.I., 349 N.J. Super. 299 (App. Div. 2002).

FAILURE TO REPORT A DEATH OF A

PERSON AND TOUCHING, REMOVING,

AND/OR DISTURBING THE BODY OF A

DECEASED PERSON

N.J.S.A. 52:17B-89

medical examiner or the office of State Medical Examiner

allowing him/her to (touch) (remove) and/or (disturb) the body

and/or the clothing of the deceased person.

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

defendant became aware of the death of __________ (insert deceased’s name) and that

the death was by criminal violence, by accident or suicide, or in any suspicious or

unusual manner.

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

the defendant knowingly neglected or refused to report that death to the office of county

medical examiner, the office of State Medical Examiner, or to the police department of

the municipality in which _________ (insert deceased’s name) died.

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

defendant knowingly touched, removed, or disturbed the body of the deceased and/or

touched, removed, or disturbed the clothing upon or near the deceased.

A person 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

person acts knowingly with respect to a result of his/her conduct if he/she is aware that it

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

Knowledge is a condition of the mind. It cannot be seen. It can only be

determined by inferences from defendant’s conduct, words or acts. A state of mind is

rarely susceptible of direct proo f but must ordinarily be inferred from the facts.

Therefore, it is not necessary that the State produce witnesses to testify that an accused

said that he/she had a certain state of mind when he/she engaged in a particular act. It is

within your power to f ind that such proof has been furnished beyond a reasonable doubt

by inference, which may arise from the nature of his/her acts and conduct, and from all

he/she said and did at the particular time and place, and from all surrounding

circumstances established by the evidence.

FAILURE TO REPORT A DEATH OF A

PERSON AND TOUCHING, REMOVING,

AND/OR DISTURBING THE BODY OF A

DECEASED PERSON

N.J.S.A. 52:17B-89

The fourth element that the State must prove beyond a reasonable is that the

defendant did not have an order from the office of county medical examiner or the office

of State Medical Examiner allowing him/her to (touch) (remove) and/or (disturb) the

body and/or the clothing of the deceased person.

If you find that the State has proved each element of the offense beyond a

reasonable doubt, then you must find the defendant guilty.

If you find that the State has failed to prove any element of the offense beyond a

reasonable doubt, then you must find the defendant not guilty.