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

Revised 6/7/21

LIABILITY FOR ANOTHER’S CONDUCT

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

ACCOMPLICE

CHARGE # ONE - Where defendant is charged as accomplice and jury

does not receive instruction on lesser included charges.

The indictment charges/or the State alleges

1 that the defendant is legally responsible for

the criminal conduct of X2, in violation of a law which reads in pertinent part as follows:

A person is guilty of an offense if it is committed by his own

conduct or the conduct of another person for which he is legally

accountable, or both.

A person is legally accountable for the conduct of another person when he/she is an

accomplice of such other person in the commission of an offense.

A person is an accomplice of another person in the commission of an offense if, with the

purpose of promoting or facilitating the commission of the offense, he/she (a) solicits such other

person to commit it and/or (b) aids or agrees or attempts to aid such other per son in planning or

committing it [IF APPROPRIATE: and/or having a legal duty to prevent the commission of the

offense, fails to make proper effort to do so].

This provision of the law means that not only is the person who actually commits the

criminal act responsible for it but one who is legally accountable as an accomplice is also

responsible as if he/she committed the crime(s) himself/herself.

In this case, the State alleges that the defendant is guilty of the crime(s) committed by X

because he/she acted as his/her accomplice by soliciting or aiding or agreeing or attempting to

aid X in planning or committing it with the purpose that the specific crime(s) charged be

committed. In order to find the defendant guilty, the State must prove beyond a reasonable doubt

each of the following elements:

1 Where the evidence indicates a rational basis for accomplice liability, the judge can charge the jury on

that basis even though the indictment does not expressly allege a violation of N.J.S.A . 2C:2-6. The

court should indicate its intention to so charge, with or without request, before summations so that

counsel can prepare to comment on the issue of accomplice liabili ty during summations. See State v.

Hakim, 205 N.J. Super. 385, 388 (App. Div. 1985).

2 X can be a named person or an unknown person.

LIABILITY FOR ANOTHER’S CONDUCT

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

1. That X committed the crime(s) of ___________________. I will now explain the

elements of this/these offense(s);

2. That this defendant solicited him/her to commit it/them and/or did aid or agr ee or

attempt to aid him/her in planning or committing it/them;

3. That this defendant’s purpose was to promote or facilitate the commission of the

offense(s); and

4. That this defendant possessed the criminal state of mind that is required to be

proved against the person who actually committed the act

.

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

committed the crime of ___________________. I will now explain the elements of this/these

offense(s) [OR: I have already explain ed the elem ents of the offenses when I i nstructed you on

the law regarding count(s) ___ of the indictment]

“Solicit” means to strongly urge, suggest, lure or proposition. “Aid” means to assist,

support or supplement the efforts of another. “Agrees to ai d” means to encourage by promise of

assistance or support. “Attempt to aid” means that a person takes substantial steps in a course of

conduct designed to or planned to lend support or assistance in the efforts of another to cause the

commission of a substantive offense.

If you find that the d efendant, with the purpose of promoting or facilitating the

commission of the offense(s), solicited X to commit it/them and/or aided or agreed or attempted

to aid him/her in planning or committing it/them, then you should cons ider him/her as if he/she

committed the crime(s) himself/herself . (If more than one offense is charged, instruct jury that

accomplice status should be considered separately as to each charge).

[If accom plice liabilit y under N.J.S.A. 2C:2-6(c)(1)(c) is also charged or alleged, insert

appropriate portions of the charge on ACCOMPLICE – LEGAL DUTY]

To prove the defendant’s criminal liability, the State does not have to prove his/her

accomplice status by direct evidence of a formal plan to commit a crime. There does not have to

be verbal agreement by all who are charged. The proof may be circumstantial. Participation and

agreement can be established from conduct as well as the spoken words.

LIABILITY FOR ANOTHER’S CONDUCT

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

(READ IF APPROPRIATE)

Mere presence at or near the scene does not make one a participant in the crime, nor does

the failure of a spectator to interfere make him/her a participant in the crime. It is, however, a

circumstance to be considered with the o ther evidence in determining whether he/she was

present as an accomplice. Presence is not in itself conclusive evidence of that fact. Whether

presence has any probative value depends upon the total circumstances. To constitute guilt there

must exist a community of purpose and actual participation in the crime committed.

While mere presence at the scene of the perpetration of a crime does not render a person

a participant in it, proof that one is present at the scene of the commis sion of the crime, without

disapproving or opposing it, is evidence from which, in connection with other circumstances, it

is possible for the jury to infer that he/she assented thereto, lent to it his/her countenance and

approval and was thereby aiding the same. I t depends upon the totality of the circumstances as

those circumstances appear from the evidence.3

(RESUME ACCOMPLICE CHARGE)

An accomplice may be convicted on proof of the commission of a crime or of his /her

complicity therein even though the person who it is claimed committed the crime(s) has not been

prosecuted or convicted or has been convicted of a different offense or degree of offense or has

an immunity from prosecution or conviction or has been acquitted.

In order to convict the defendant as an accomplice to the crime(s) charged, you must find

that the defendant had the purpose to participate in that particular crime(s). He/She must act [or,

having a legal duty to prevent the cri me, failed to act] with the purpose of pr omoting or

facilitating the commission of the substantive crime(s) with which he/she is charged.

It is not sufficient to prove only that the defendant had knowledge that another person

was going to commit the crime (s) charged. The State mus t prove that it was defendant’s

conscious object that the specific conduct charged be committed.

3 See the charge on Possession, page 2, for a charge on mere presence as specifically a pplied to

possessory offenses. See State v. Randolph, 228 N.J. 566, 590-93 (2017).

LIABILITY FOR ANOTHER’S CONDUCT

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

In sum, in order to find the defendant guilty of committing the crime(s) of

___________________, the State must pr ove each of t he following elements beyond a

reasonable doubt:

1. That X committed the crime(s) of ______________________________;

2. That this defendant’s purpose was to promote or facilitate the commission of the

offense(s);

3. That this defendant solicited him/he r to commit it/them and/or did a id or agree or

attempt to aid him/her in planning or committing it/them; and

4. That this defendant possessed the criminal state of mind that is required to be

proved against the person who actually committed the criminal act.

[If ACCOMPLICE – LEGAL DUTY included in the jury instruction, insert the “in

sum” list from page 4 of that charge].

(Again, remind the jury to consider the accomplice status separately as to each charge).

If you find that the State has proven e ach and every one of the elements that I have

explained to you beyond a reasonable doubt, then you must find the defendant guilty. If on the

other hand you find that the State has failed to prove one or more of these elements beyond a

reasonable doubt, then you must find the defendant not guilty. As I have p reviously instructed,

your verdict(s) must be unanimous. All twelve jurors must agree as to guilty or not guilty.