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

Approved 1/13/14

POSSESSION OF FALSE GOVERNMENT DOCUMENTS WITH INTENT TO SELL

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

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

documents with intent to sell.

(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 . . . possesses with the intent to sell, offer

or expose for sale, or otherwise transfer, a document, printed form

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 as 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) the defendant knowingly possess ed a

(CHOOSE APPROPRIATE: [document] [printed form] [other writing]);

2. That the document , printed form , 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;

and

3. That the defendant intended to (CHOOSE APPROPRIATE: [sell] [offer]

[expose for sale] [otherwise transfer]) the (CHOOSE APPROPRIATE:

[document] [printed form] [other writing]).

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

date set forth in indictment) the defendant knowingly possessed a (CHOOSE

APPROPRIATE: [document] [printed form] [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.

POSSESSION OF FALSE GOVERNMENT

DOCUMENTS WITH INTENT TO SELL

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

A person acts knowingly with respect to a result of his/her conduct if he/she is aware that

it is practically certain that his/her conduct will cau se such a result. “Knowing,” “with

knowledge” or equivalent terms have the same meaning.

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 di d at the particular time and place and from all

surrounding circumstances established by the evidence.

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

recording information, money, coins, tokens, stamps, seals, credit cards, bad ges, trademarks,

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

sales receipts, universal product code (UPC) labels and checks.1]

The first element of the statute also requires the State to prove beyond a reasonable doubt

that the defendant possessed a document, printed form or other writing.

[CHARGE THOSE FOLLOWING PARAGRAPHS AS APPLY TO YOUR CASE]

ACTUAL POSSESSION

A person is in actual possession of an item when he/she first, knows what i t is: that is,

he/she has knowledge of its character, and second, knowingly has it on his/her person at a given

time.

CONSTRUCTIVE POSSESSION

Possession may be constructive instead of actual. As I just stated, a person who, wit h

knowledge of its character, knowingly has direct physical control over an item at a given time is

in actual possession of it.

Constructive possession means possession in which the possessor does not physically

have the item on his or her person but is aware that the item is present and is able to and has the

intention to exercise control over it. So, someone who has knowledge of the character of an item

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

POSSESSION OF FALSE GOVERNMENT

DOCUMENTS WITH INTENT TO SELL

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

and knowingly has both the power and the intention at a given time to exercise control over it,

either directly or through another person or persons, is then in constructive possession of that

item.

JOINT POSSESSION

Possession may be sole or joint. If one person alone has actual or constructive possession

of an item, possession is sole. If two or more persons share actual or constructive knowing

possession of an item, possession is joint.

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

(CHOOSE APPROPRIATE: [document] [printed form] [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 (ins ert 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 i dentify 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 identific ation 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 physical representation, or unique

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

2

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

defendant intended to (CHOOSE APPROPRIATE: [sell] [offer] [expose for sale] [otherwise

transfer]) the (CHOOSE APPROPRIATE: [document] [printed form] [other writing]). In

regard to the third element, the State must prove that the defendant had the intent to sell, offer or

expose for sale, or otherwise transfer the doc ument marked S___ in evidence. Trans fer can be

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

POSSESSION OF FALSE GOVERNMENT

DOCUMENTS WITH INTENT TO SELL

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

actual, constructive or attempted , from one person to another of the document(s) marked S____

in evidence. It is not necessary that the document, printed form or other writing be transferred in

exchange for payment or promise of payment of money or anything of value.

A person acts “with intent” when he/she acts with purpose. A person acts purposely with

respect to the nature of his/her conduct or a result thereof if it is his/her conscious objective to

engage in conduct of that nature or to 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 believes

or hopes that they exist. One can be deemed to be acti ng purposely if he/she acts with design,

with a purpose, with a particular objective, if the individual m eans to do what he/she does.

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 necessary for the State to produce a witness or

witnesses who could testify that the defendant acted purposely. It is within your power as jurors

to determine that such proof has been shown beyond a reasonable doubt.

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 possessed false government documents with intent

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

you must find the defendant not guilty.