N.J. Model Criminal Jury Charge, N.J.S.A. 2C:5-2

Revised 4/12/10

CONSPIRACY

(N.J.S.A. 2C:5-2)

Under the ____________ count of the indictment the defendant(s) is (are) charged with

the crime of conspiracy to commit _____________. N.J.S.A. 2C:5-2 provides as follows:

A person is guilty of conspiracy with another person or persons to

commit a crime if with the purpose of promoting or facilitating its

commission he:

(SELECT APPROPRIATE SECTION)

(1) Agrees with such other pers on or persons that they or one

or more of them will engage in conduct which constitutes

such crime or an attempt or solicitation to commit such

crime; or

(2) Agrees to aid such other person or persons in the planning

or commission of such crime or of an attempt or solicitation

to commit such crime.

A conspiracy to commit the crime of ________________ is a crime in it self separate and

distinct from the crime of _______________. In ot her words, a defendant may be found guilty

of the crime of conspiracy regardless of whether that defendant is guilty or not guilty of the

crime of _________________.

In order for you to find a defendant guilty of the crime of conspiracy, the State must

prove beyond a reasonable doubt the following elements:

(1) That the defendant agreed with another person or persons that they

or one or more of them would engage in conduct which constitutes

a crime or an attempt or solicitation to commit such crime;

OR

That the d

efendant agreed to aid another person or persons in the

planning or commission of a crime or of an attempt or solicitation

to commit such crime.

(2) That the defendant’s purpose was to promote or facilitate the

CONSPIRACY

(N.J.S.A. 2C:5-2)

commission of the crime of (Identify substantive offense).

A person acts purposely with respect to the natu re of his/her conduct or a result thereof, if

it is his/her conscious object to engage in conduct of that nature or cause such a result. A person

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

circumstances or he/she believes or hopes that they exist.

(CHARGE THE FOLLOWING FOR CRIMES OF THE THIRD

AND FOURTH DEGREE - EXCEPT FOR

CRIMES ALLEGING DISTRIBUTION OR POSSESSION

WITH INTENT TO DISTRIBUTE CDS OR CDS ANALOG)1

(3) That the defendant or a person with whom he/she conspired did an

overt act in pursuance of the conspi racy. An overt act is any act in

pursuance of the conspiracy.2

In order to find a defendant guilty of the crim e of conspiracy, the State does not have to

prove that he/she actually committed the crime of ( Identify substantive offense ). However, to

decide whether the State has proven the cr ime of conspiracy you must understand what

constitutes the crime of __________________.

(IF NOT PREVIOUSLY STATED GIVE MODEL CHARGE

FOR THE UNDERLYING OFFENSE)

A conspiracy may be proven by di rect or circumstantial evidence. It is not essential that

there be direct contact among all of the conspirators or that they enter the agreement at the same

time.

If the defendant is aware that any person he/she conspired with also conspired with others

to commit the same crime, the defendant is guilty of conspiring with the others. He/She need not

be aware of their identity.

Mere association, acquaintance, or family relationship with an alleged conspirator is not

enough to establish a defendant’s guilt of conspirac y. Nor is mere awareness of the conspiracy.

Nor would it be sufficient for the State to prove only that the defendant me t with others, or that

1 See State v. Carbone, 10 N.J. 329 (1952).

2 Under certain circumstances, an omission may constitute an act. See N.J.S.A. 2C:2-1(b).

CONSPIRACY

(N.J.S.A. 2C:5-2)

they discussed names and interests in common. However, any of these factors, if present, may

be taken into consideration along with all other relevant evidence in your deliberations.

You have to decide whether the defendant’s purpose was that he/she or a person with

whom he/she was conspiring would commit the crime of _________________. For him/her to

be found guilty of conspiracy, the State has to prove beyond a reasonable doubt that when he/she

agreed it was his/her conscious ob ject or purpose to promote or make it easier to commit the

crime(s) or (Identify substantive offense

).

The nature of the purpose with which the defe ndant acted is a question of fact for you the

jury to decide. Purpose is a condition of the mind which cannot be seen and can only be

determined by inferences from conduct, words or acts. It is not nece ssary for the State to

produce a witness or witnesses w ho could testify that the defenda nt stated, for example, that

he/she acted with a specific purpose. It is within your power to find that proof of purpose has

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

acts and the surrounding circumstances.

It also makes no difference what the person or persons with whom the defendant actually

conspired had in mind, so long as the defend ant believed that he/she was furthering the

commission of the crime of ___________________.

(CHARGE THE FOLLOWING ONLY FOR THOSE CRIMES FOR

WHICH IT IS NECESSARY TO PROVE OVERT ACTS, NAMELY

ALL THIRD AND FOURTH DEGREE CRIMES EXCEPT THOSE

ALLEGING DISTRIBUTION OR POSSESSION WITH INTENT TO

DISTRIBUTE CDS OR CDS ANALOG)

I have already explained that to find the defendant guilty of conspiracy you have to be

convinced beyond a reasonable doubt that he/she agreed with somebody in the manner and with

the purpose I described. In addi tion, for this type of conspirac y, one of the conspirators must

have done at least one overt act in furtherance of the conspiracy, that is, any act directed toward

the objective of committing the crime of (Identify substantive offense

).3

The State is not required to prove an overt act by every conspirator. The State is only

obligated to prove one overt act by any conspirator.

3 Under certain circumstances, an omission may constitute an act. See N.J.S.A. 2C:2-1(b).

CONSPIRACY

(N.J.S.A. 2C:5-2)

WHERE APPLICABLE, SET FORTH THE OVERT ACTS IN EVIDENCE

In order to convict you have to be satisfied beyond a reasonable doubt that the State has

proven an overt act by a conspirator in furtherance of the conspiracy.4

In summary, the State must prove the following elements:

(1) That the defendant agreed with another person or persons that they

or one or more of them would engage in conduct which constitutes

a crime or an attempt or solicitation to commit such crime;

OR

That the d

efendant agreed to aid another person or persons in the

planning or commission of a crime or of an attempt or solicitation

to commit a crime.

(2) That defendant’s purpose was to promote or facilitate the

commission of the crime of _______________________.

(CHARGE THIRD ELEMENT BELOW - ONLY FOR CRIMES OF

THE THIRD AND FOURTH DEGREE --

EXCEPT FOR CRIMES ALLEGING DISTRIBUTION

OR POSSESSION WITH INTENT TO DISTRIBUTE CDS

OR CDS ANALOG)

(3)

That defendant or a person with whom he/she conspired did an

overt act in pursuance of the conspiracy.

(CHARGE IN ALL CASES)

If you find that the State has proven each one of these elements beyond a reasonable

doubt, then you must find defendant guilty.

If you find that the State has failed to prove any of these elements beyond a reasonable

doubt, then you must find defendant not guilty.

If, after consideration of all the evid ence you are convinced beyond a reasonable doubt

that the State has proven each and every one of the elements, then you must find the defendant

guilty of the crime of conspiracy. On the other hand, if you find that the State has failed to prove

to your satisfaction beyond a reasonable doubt any one or more of these elements, then you must

4 Where appropriate charge Conspiracy-Renunciation (N.J.S.A. 2C:5-2e) - See Model Charge.

CONSPIRACY

(N.J.S.A. 2C:5-2)

find the defendant not guilty of the crime of conspiracy.

(CHARGE THE FOLLOWING PARAGRAPH WHEN APPROPRIATE)

Each offense and each defendant in this indictment should be considered by you

separately. The fact that you may find a particular defendant guilty or not guilty of a particular

crime should not control your verdict as to any ot her offense charged against that defendant, and

it should not control your verdict as to the charges against any other defendant.