N.J. Model Criminal Jury Charge, N.J.S.A. 2C:21-2.4

Approved 5/19/03

POSSESSION OF CERTAIN FRAUDULENT RECEIPTS,

UPC LABELS AND CHECKS

(N.J.S.A. 2C:21-2.4)

Defendant is charged in count of the indictment with possession of certain

fraudulent receipts, universal product code (UPC) labels and checks. The statute upon which this

charge is based states in pertinent part:

[A]ny person who knowingly possesses a forged or altered [choose

appropriate] retail sales receipt, universal product code label or

check for the purpose of defrauding a retail merchant is guilty of

an offense.

In order to find the defendant guilty of th is the State must prove beyond a reasonable

doubt the following elements:

(1) That defendant knowingly possessed forg ed or altered [choose appropriate] retail

sales receipts, universal product code labels or checks.

(2) That defendant possessed these forged or altered [choose appropriate] retail sales

receipts, universal product code labels or checks with the purpose of defrauding a

retail merchant.

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

knowingly possessed forged or altered [choose a ppropriate] retail sale s receipts, universal

product code labels or checks.

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 con duct is of the 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 practica lly certain that his/her

conduct will cause such a result. “Knowingly,” “with knowledge,” or equivalent terms have the

same meaning.

(Use appropriate model jury charge on possession)

To forge means falsely making or materially altering a genuine writing. To alter means

to modify or change.

POSSESSION OF CERTAIN FRAUDULENT RECEIPTS,

UPC LABELS AND CHECKS

N.J.S.A. 2C:21-2.4

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

acted with the purpose to defraud a retail m

erchant.

A person acts purposely with respect to the nature of his/her conduct or the result of that

conduct if it is his/her conscious object to engage in conduct of that nature or to cause such a

result. A person acts purposely w ith respect to attendant circumstances if the person is aware of

the existence of such circumstances or believ es or hopes that they exist. “With purpose,”

“designed,” “with design,” or equivalent terms have the same meaning.

To defraud means to deprive a person of property or any interest , estate, or right by

deceit, artifice, trickery or cheat.

A retail merchant means a person engaged in the business of selling or exchanging goods

for cash or barter or any consideration on the assumption that the purchaser of the goods has

acquired the goods for ultimate consumption or use.

1

Purposely or knowingly are states of mind and cannot be seen and can only be

determined by inference from conduct, words or acts. Therefore, it is not necessary that

witnesses be produced by the State to testify that a defendant said that he/she purposely or

knowingly did something. His/Her purpose or knowledge may be gathered from his/her acts and

his/her conduct and from all he/she said and did at the particular time and place and from all the

surrounding circumstances reflected in the testimony [and evidence adduced at trial].

If you find that the State has proven the el ements of the offense beyond a reasonable

doubt, then you must find defendant guilty. If, however, you find that the State has failed to

prove any of these elements of the offens e beyond a reasonable doubt, then you must find

defendant not guilty.

If you find that the State has proven both elements beyond a reasonable doubt, then you

must further determine whether defendant possesse d 15 or more forged or altered retail sales

receipts. You must indicate whether you find that the State has proven beyond a reasonable

doubt that defendant possessed 15 or more forged or altered sales receipts, UPC labels or checks.

1 N.J.S.A. 18:38-1.3.