N.J. Model Criminal Jury Charge, N.J.S.A. 2C:2-6b(4)

Approved 10/17/88

CONSPIRACY - VICARIOUS LIABILITY

(N.J.S.A. 2C:2-6b(4))

Count of the indictment charges the defendant with the crime of . The

State does not allege that the defendant committed the crime of

personally, but rather that he/s he is legally accountable for that crime even though it was

committed by another. More specifically, the State alleges that the crime of

was committed by , and that the defendant is legally

accountable for the crime of committed by

because the defendant and allegedly conspired together

to commit that crime. It is therefore necessary that I instruct you as to both the crime of

and the law of conspiracy.

(HERE REFER TO THE MODEL CHARGE FOR THE PARTICULAR CRIME)

If you are satisfied beyond a reasonable doubt that the State has proven all of these

essential elements and that committed the crime of , then

you must go on to determine the guilt or innocence of the defendant for that same crime.

However, if you are not satisfied beyond a reasonable doubt that

committed the crime of , then your inquiry ends he re and you must return a

verdict of Not Guilty as to the defendant. Therefore, the following instructions on conspiracy are

only for your use if you find beyond a reasonable doubt that

committed the crime of .

Our law provides that a person is guilty of an offense if it is committed by his/her own

conduct or by the conduct of another person for which he/she) is legally accountable, or both. 1

A person is legally accountable for the conduct of another person when he/she is engaged in a

conspiracy with such other person2 and the conduct is within the scope of the conspiracy.3 Thus,

you must decide whether the defendant engaged in a conspiracy with

to commit the crime of .

1 N.J.S.A. 2C:2-6a.

2 N.J.S.A. 2C:2-6b (4).

3 In an appropriate case it may be necessary to charge that a defendant is not legally accountable for conduct

of other persons after the defendant has explicitly abandoned the conspiracy. See N.J.S.A. 2C:5-2f (3).

CONSPIRACY - VICARIOUS LIABILITY

(N.J.S.A. 2C:2-6b (4))

A person is guilty of conspiracy with another person (or persons) 4 if with the purpose of

promoting or facilitating the commission of a crime he/she:

(1) Agrees with such other person or pe rsons 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.

Thus, for the purposes of this case, to find that the defendant engaged in a conspiracy with

you must be satisfied beyond a reasonable doubt of the following

elements:

(1) That defendant agreed with (select

appropriate language); and

(2) That when the defendant so agreed with the

defendant's purpose, i.e., his/her cons cious object, was to promote or to

make it easier for to commit the crime of .

In this case, after consider ation of all of the evidence, if you find beyond a reasonable

doubt that committed the crime of and also that the

defendant conspired with to commit that crime, then you must find the

defendant guilty of the crime of . On the other hand, if you have a

reasonable doubt that committed the crime of , that

the defendant conspired with to commit that crime, or both, then you

must find the defendant not guilty.

4 In an appropriate case it may be necessary to charge as to the scope of a cons piracy involving additional

persons. See N.J.S.A. 2C:5-2b.