N.J. Model Criminal Jury Charge, N.J.S.A. 2C:12-2b(2)

Revised 4/19/04

[RECKLESSLY] ENDANGERING ANOTHER PERSO N1

(N.J.S.A. 2C:12-2b(2))

The defendant is charged with the crime of Endangering Another Person.

(Read appropriate count of the indictment)

The law upon which this charge is based reads as follows:

A person commits a crime...if he... [p]urposely or knowingly

offers, gives or entices any person to take or accept any treat,

candy, gift, food, drink or other subs tance that is intended to be

consumed which is poisonous, intoxicating, anesthetizing,

tranquilizing, disorienting, deleterious or harm ful to the health or

welfare of such person, without the knowledge of the other person

as to the identity and effect of the substance....

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

following elements beyond a reasonable doubt:

1. That defendant offered, gave or enticed (insert name of victim) to

take or accept any treat, candy, gi ft, food, drink or other substance

that was intended to be consumed which is poisonous, intoxicating,

anesthetizing, tranquilizing, disorien ting, deleterious or harmful to

the health or welfare of (insert name of victim);

2. That defendant did so without (the victim's) knowing the identity

and effect of the substance; and

3. That defendant did th is purposely or knowingly.

Some of the words I have used require de finition. To "entice" means to convince by

presenting temptation or by exciting desire. "Poi sonous" means having the effect of a substance

that, through its chemical acti on, usually kills, injures or impa irs anyone who ingests it. To

"intoxicate" means to make drunk or inebriate. To "anesthetize" is to render insensible. To

1 While N.J.S.A. 2C:12-2 is entitled "Recklessly Endangering Another Person," the body of the statute

does not refer to reckless conduct but only to pur pose and knowledge. The court and counsel should

obviously avoid any reference to recklessness before the jury.

[RECKLESSLY] ENDANGERING ANOTHER PERSON

(N.J.S.A. 2C:12-2b(2))

"tranquilize", as used here, is to render calm and peaceful by the use of substances. To

"disorient" is to confuse. "Deleterio

us" means having the tendency to injure or harm. 2

A person acts purposely with respect to the nature of his/her conduct or a result thereof if

it is a person's conscious object to engage in conduc t of that nature or to cause such a result. A

person acts purposely with respect to attendant circumstances if a person is aware of the

existence of such circumstances or a person belie ves or hopes that they exist. One can be

deemed to be acting purposely if one acts with desi gn, with a purpose, with a particular object, if

one really means to do what he/she does.3

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

circumstances if a person is aware that his/her conduct is of that nature, or that such

circumstances exist or a person is aware of a high probability of their existence. A person acts

knowingly with respect to a result of his/her conduct if a person is aware that it is practically

certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with

knowledge, if one acts consciously, if he/she comprehends his/her acts.

4

Purpose and knowledge are conditions of the mind that cannot be seen and that can often

be determined only from inferences from conduct, words, or acts. It is not necessary for the

State to produce a witness to testify that the defendant stated that he/she acted with a particular

state of mind. It is within your power to find that proof of purpose or knowledge has been

furnished beyond a reasonable doubt by inferences th at may arise from the nature of the acts and

circumstances surrounding the conduct in question.

If you find that the State has proven every element beyond a reasonable doubt, then you

must find defendant guilty. If, however, the State has failed to prove any element beyond a

reasonable doubt, then you must find defendant not guilty.

[CHARGE WHERE APPROPRIATE]

If, and only if, you find the defendant guilty of the crime charged beyond a reasonable

doubt, you must proceed to determine whether the State has also proven beyond a reasonable

2 The definitions provided are dictionary definitions of words of common understanding.

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

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

[RECKLESSLY] ENDANGERING ANOTHER PERSON

(N.J.S.A. 2C:12-2b(2))

doubt that the defendant committed the crime of endangering another person with the purpose to

commit or facilitate the commission of the crime of __________________, the crime specifically

alleged by the State. 5 You may not consider here any purpose to commit or facilitate the

commission of any other criminal offense but . [Define the crime alleged

and its elements].

Earlier, I defined purpose for you, and that definition applies here, as well. In

considering whether the Stat e has proven the specific purpos e charged, you may weigh any

reasonable inferences that may arise from all that was said or done and all of the surrounding

circumstances of this case. To facilitate the commission of a crime is to make it easier. The

State need not prove that defendant accomplis hed the unlawful purpose charged by actually

committing the crime of , if you are satisfied beyond a reasonable

doubt that he/she acted with the purpose to commit or facilitate a (name of crime).

So, if, and only if, you find the defendant gui lty of endangering another person, beyond a

reasonable doubt, then your verd ict must also specify whether you find that the State has proven

beyond a reasonable doubt that defendant committed the crime of endangering another person

with the purpose to commit or facilitate the commission of the crime of

____________________.

5 The statute refers to "another criminal offense." The term "criminal offense" equates with "crime" and

does not include disorderly or petty disorderly offenses. See State v. Olivera , 344 N.J. Super. 583, 589

(App. Div. 2001).