N.J. Model Criminal Jury Charge, N.J.S.A. 2C:21-2.1b

Approved 1/13/14

MAKING FALSE GOVERNMENT DOCUMENTS

(N.J.S.A. 2C:21-2.1b)1

Count ____ of the indictment charges the defendant with making false government

documents.

(Read the count from the indictment)

The statute upon which this count of the indictment is based states in pertinent part:

A person who knowingly makes . . . a document or other writing

which falsely purports to be a driver’ s license, birth certificate or

other document issued by a governmental agency and which could

be used a s a means of verifying a person ’s identity or age or any

other personal identifying information is guilty of a crime.

In this case, the State alleges that the defendant (describe).

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

the following elements beyond a reasonable doubt:

1. That on ( cite date set forth in indictment ) defendant knowingly m ade a

(CHOOSE APPROPRIATE: [document] [other writing]); and

2. The document or other writing falsely purported to be a (CHOOSE

APPROPRIATE: [driver’s license] [birth certificate] [other document]) issued

by a governmental agency that could be used as a means of verifying a person’ s

identity or age or any other personal identifying information.

The first element that the State must prove beyond a reasonable d oubt is that on (cite

date set forth in indictment) the defendant knowingly made a (CHOOSE APPROPRIATE:

[document] [other writing]).

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 th at his/her conduct will cause such a result. “Knowing,” “with

knowledge” or equivalent terms have the same meaning.

1 If the defendant is only charged with possessing devices or materials to make a document o r

writing (as opposed to having made a document or other writing), refer to the alternate jury charge.

MAKING FALSE GOVERNMENT DOCUMENTS

(N.J.S.A. 2C:21-2.1b)1

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

inferences from the defendant’s conduct, words or acts. A state of mind is rarely susceptible of

direct proof 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 did a particular thing. It is within your power to find that such proof has been

furnished beyond a reasonable doubt by inferences 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.

“Writing” includes printing or [CHOOSE APPROPRIATE: any other method of

recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks,

access devices, and other symbols of value, right, privilege, or identification, including retail

sales receipts, universal product code (UPC) labels and checks.2]

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

(CHOOSE APPROPRIATE: [document] [other writing]) was falsely purported to be a

(CHOOSE APPROPRIATE: [driver’s license] [birth certificate] [other document]) issued by a

governmental agency. ( CHOOSE APPROPRIATE: [The State has offered evidence] [It has

been stipulated]) that the (insert name of governmental agency ) is a governmental agency.

The second element also requires that the State prove beyond a reasonable doubt (or it has been

stipulated) that the ( CHOOSE APPROPRIATE: [document] [printed form] [other writing]),

purported to be issued by a governmental agency, could be used as a means of verifying a

person’s identity or age or other personal identifying information.

“Personal identifying information” means any name, number or other information that

may be used, alone or in conjunction with any other information, to identify a specific individual

and includes, but is not limited to, the name, address, telephone number, date of birth, social

security number, official State issued identification number, employer or taxpayer number, place

of employment, employee identification number, demand deposit account number, savings

account number, credit card number, mother's maiden name, unique biometric data, such as

fingerprint, voice print, retina or iris image or other unique physi cal representation, or unique

electronic identification number, address or routing code of the individual.

3

2 N.J.S.A. 2C:21-1a.

3 N.J.S.A. 2C:20-1v.

MAKING FALSE GOVERNMENT DOCUMENTS

(N.J.S.A. 2C:21-2.1b)1

If the State has proven each of the elements of this crime beyond a reasonable doubt, then

you must find the defendant guilty of having knowingly making false government documents .

However, if the State has failed to prove any element beyond a reasonable doubt, then you must

find the defendant not guilty.