N.J. Model Criminal Jury Charge, N.J.S.A. 2C:30-7

Approved 3/14/11

PATTERN OF OFFICIAL MISCONDUCT

(N.J.S.A. 2C:30-7)

Count ______ of the Indictment charges the de fendant with the crime of a "Pattern of

Official Misconduct." [Read count of the Indictment.] The statute upon which this charge is

based reads as follows:

A person commits the crime of pattern of official misconduct if he

commits two or more acts that vi olate the provisions of [choose

appropriate:] N.J.S.A. 2C:30-2 or N.J.S.A. 2C:30-6.

In order to convict the defendant of this charge, the State must prove the following

elements beyond a reasonable doubt:

1. That the defendant knowingly committed two or more acts

1;

2. That the two or more acts the defendant committed violated the provisions of

[choose appropriate:] N.J.S.A. 2C:30-2 (Official Misconduct) or N.J.S.A.

2C:30-6 (Official Deprivation of Civil Rights).

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

knowingly committed two or more acts. [State the two or more acts alleged by the State which

constitute this charge. (Charge if appropriate: The defense asserts _________________.)].

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances if he/she is aware th at his/her conduct is of that nature, or that such circumstances

exist, or he/she is aware of the high probability of their existence. A person acts knowingly as to

a result of his/her conduct will cause such a result. Knowing, with kn owledge, or equivalent

terms have the same meaning.

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

inferences from conduct, words or acts. Therefor e, it is not necessary for the State to produce

1 The Model Jury Charge Committee agr ees that a knowing state of mind is applicable to the conduct in this

element. N.J.S.A. 2C:2-2c(3). The Committee, however, wishes to alert the court and counsel that there may be a

question whether knowingly also modifies the number of acts alleged to have been committed.

PATTERN OF OFFICIAL MISCONDUCT

(N.J.S.A. 2C:30-7)

witnesses to testify that particular defendant stated, for example, that he/she acted with

knowledge when he/she had dominion and control over a particular thing. It is within your

power to find that proof of knowledge ha s been furnished beyond a reasonable doubt by

inference which may arise from the nature of the acts and the surrounding circumstances.

The second element which the State must pr ove beyond a reasonable doubt is that the two

or more acts the defendant committed violat ed the provisions of [choose appropriate:] N.J.S.A.

2C:30-2 (Official Misconduct) [or] N.J.S.A. 2C:30-6 (Official Deprivation of Civil Rights).

[Choose appropriate paragraphs]

I have already instruct ed you on the crime of N.J.S.A. 2C:30-2 (Official Misconduct) or

N.J.S.A. 2C:30-6 (Official Depriv ation of Civil Rights). 2 Even though you may have already

considered that crime [those crimes] as pa rt of your deliberati ons under count[s] ____________

of the indictment, you must now again decide if the State has proven that crime [those crimes]

with proof beyond a reasonable doubt in order for th e State to meet its burden of proof for this

charge.

It is not a defense to this charge that the violations were not part of a common plan or

scheme or did not have similar methods of commission.

If you find that the State has failed to prove beyond a reasonable doubt either of these

two elements, then you must find the defendant not guilty. If, on the other hand, you find that

the State has proven each of these two elements beyond a reasonable doubt, then you must find

the defendant guilty.

[Charge if second-degree Pattern of Official Misconduct is alleged]

2 In the unlikely event that the St ate has not charged the defendant with the underlying crimes of either

N.J.S.A. 2C:30-2 (Official Misconduct) or N.J.S.A. 2C:30-6 (Deprivation of Civil Rights), then the court must

instruct the jury on these underlying crimes (whichever is alleged in the indictment) by giving the appropriate model

jury charge(s) at this point in this charge.

PATTERN OF OFFICIAL MISCONDUCT

(N.J.S.A. 2C:30-7)

Furthermore, if you find that the State has proven beyond a reasonable doubt that the

defendant is guilty of a Pattern of Official Mi sconduct, then you must consider if the State has

proven beyond a reasonable doubt that one of th e acts committed was a first or second degree

crime.

[Choose appropriate paragraphs]

[N.J.S.A. 2C:30-2 – Official Misconduct – second degree]

A section of our statutes pr ovides that a Pattern of Official Misconduct is a crime of the

third-degree, except that it is a crime of the sec ond-degree if one of the acts committed is a first

or second degree crime. I have already ch arged you on the crime of Official Misconduct,

N.J.S.A. 2C:30-2. If the State has proven each elem ent of this crime beyond a reasonable doubt

and in so doing, has proven each element of N.J.S.A. 2C:30-2 (Official Misconduct) beyond a

reasonable doubt, you must determine the fair mark et value of the benef it involved. The State

must prove beyond a reasonable doubt that the value of the benefit i nvolved [If appropriate add:

for each specific instance concerning which you have reached a verdict of guilty] exceeds $200.

(OR)

[N.J.S.A. 2C:30-6 – Official Deprivation of Civil Rights3]

A section of our statutes provi des that a Pattern of Official Misconduct is a crime of the

third-degree, except that it is a crime of the sec ond-degree if one of the acts committed is a first

or second degree crime. I have already charged you on the crime of Official Deprivation of Civil

Rights. If the State has proven each element of this crime be yond a reasonable doubt and in so

doing, has proven each element of N.J.S.A. 2C:30-6 (Official Deprivation of Civil Rights)

beyond a reasonable doubt, you must determine if the State has proven beyond a reasonable

doubt that bodily injury has resulted from depriving a person of a right or a privilege in violation

3 N.J.S.A. 2C:30-6b (2).

PATTERN OF OFFICIAL MISCONDUCT

(N.J.S.A. 2C:30-7)

of the crime of N.J.S.A 2C:30-6 (Official Deprivation of Ci vil Rights). If so, the State has

proven the second-degree crime of Official Deprivation of Civil Rights.

Bodily injury means physical pain, illness or any impairment of physical condition. 4

The State must also prove beyond a reasonable doubt that the bodily injury has resulted

from depriving a person of privilege in violation of N.J.S.A. 2C:30-6 (Official Deprivation of

Civil Rights).

If the State has proven thes e two additional elements beyond a reasonable doubt, then

you must find that bodily injury has resulted from depriving a person of a right or a privilege in

violation of the crime of second-degree N.J.S.A.

2C:30-6 (Official Deprivation of Civil Rights).

If the State has failed to prove either of these two additional elements beyond a reasonable doubt,

then you must find that no bodily injury has resu lted from depriving a pe rson of a privilege in

violation of N.J.S.A. 2C:30-6 (Official Deprivation of Civil Rights).

(OR)

[N.J.S.A. 2C:30-6b (3)]

If the State has proven each element of this crime beyond a reasonable doubt and in so

doing, has proven each element of N.J.S.A. 2C:30-6 (Official Deprivation of Civil Rights)

beyond a reasonable doubt, you must determine if the State has proven beyond a reasonable

doubt that during the course of violating the provision of N.J.S.A. 2C:30-6 (Official Deprivation

of Civil Rights), a public servant committed or attempted to commit or conspired to commit

[choose appropriate:] murder, manslaughter, kidnappi ng or aggravated sexual assault [read in all

situations:] against a person who is being deprived of a ri ght or privilege in violation of N.J.S.A.

4 N.J.S.A. 2C:11-1 (a).

PATTERN OF OFFICIAL MISCONDUCT

(N.J.S.A. 2C:30-7)

2C:30-6 (Official Deprivation of Civil Rights). 5 If so, the State has proven the first-degree crime

of Official Deprivation of Civil Rights in violation of N.J.S.A. 2C:30-6b(3) and therefore has

violated the second-degree crime of Pattern of Official Misconduct ( N.J.S.A. 2C:30-7b) [the

charge which you are considering at this point].

A public servant means any officer or empl oyee of government incl uding legislators and

judges, and any person participating as juror, advisor, and consultant or otherwise, in performing

governmental function, but the term does not include witnesses.

Government includes any branch, subdivision or agency of the government of the State or

any locality within it. 6

If you have found that the State has proven each of these additional elements beyond a

reasonable doubt, then you must find that the defendant is guilty of the second-degree crime of

Pattern of Official Misconduct by being a public servant who has committed or attempted to

commit or conspired to commit [choose appropr iate:] murder, manslaughter, kidnapping or

aggravated sexual assault [read in all situations :] against a person who is being deprived of a

right or privilege in vi olation of first-degree N.J.S.A. 2C:30-6 (Official De privation of Civil

Rights). If, on the other hand, you fi nd that the State has failed to prove any of these additional

elements beyond a reasonable doubt, then you must find the defendant not guilty of [the second-degree crime of Pattern of Offi cial Misconduct in violation of N.J.S.A. 2C:30-7b] [or] [choose

appropriate:] committed or attempted to commit or conspired to commit [choose appropriate:]

murder, manslaughter, kidnapping or aggravated sexual assault [read in all situations:] against a

person who is being deprived of a right or privilege in violation of N.J.S.A. 2C:30-6 (Official

Deprivation of Civil Rights).

5 Depending on what is alleged by the State in the indictment, the court must also charge the underlying

predicate crime(s). If an attempt is also alleged, then the attempt charge with the purposeful ment al state must be

charged. See N.J.S.A. 2C:5-1a. If the State alleges a conspiracy, then the Conspiracy charge must also be given.

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

6 N.J.S.A. 2C:27-1b.

PATTERN OF OFFICIAL MISCONDUCT

(N.J.S.A. 2C:30-7)

In summary, if you find that the State has faile d to prove any of the elements of the crime

of Pattern of Official Misconduct, then you must find the defendant not guilty. If you find that

the State has proven beyond a reasona ble doubt all of the elements of the crime of Pattern of

Official Misconduct but has failed to prove that one of the acts committed is a first or second

degree crime then you must find the defendant gu ilty of Pattern of Official Misconduct in the

third degree. If you find that the State has pr oven beyond a reasonable doubt all of the elements

of the crime of Pattern of Official Misconduct and also has proven beyond a reasonable doubt

that one of the acts committed is a first or second degree crime, then you must find the defendant

guilty of a second degree Pattern of Official Misconduct.