N.J. Model Criminal Jury Charge, N.J.S.A. 2C:28-7a(1)

Approved 5/22/00

TAMPERING WITH PUBLIC RECORDS OR INFORMATION

(FALSE ENTRY OR ALTERATION)

(N.J.S.A. 2C:28-7a(1))

The indictment charges the defendant with th e crime of tampering with public records or

information and reads as follows:

(Read Indictment)

The statute upon which this charge is based reads in pertinent part:

A person commits an offense if he knowingly makes a false entry

in, or false alteration of, any r ecord, document or thing belonging

to, or received or kept by, the government for information or

record, or required by law to be kept by others for information of

the government

1 . . . [with the purpose to defraud or injure

anyone.]2

In order to convict the defe ndant, the State must prove each of the following elements

beyond a reasonable doubt:

(1) that the defendant made a false en try in, or false alteration of, a record,

document or thing;

(2) that the defendant knew that th e entry or alteration was false; and

(3) that the defendant knew that the record, document or thing belonged to, or

was received or kept by, the government for information or record, or was

required by law to be kept by others for information of the government.

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

defendant made a false entry in, or false alteration of, a recor d, document or thing. Here, the

State alleges that the defendant did. [Here, the court should state to the jury the allegation(s)

made by the State and the defense’s position(s), if any].

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

defendant knew that the entry or alteration was false.

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

1 N.J.S.A. 2C:28-7a(1).

2 N.J.S.A. 2C:28-7b. This is the grading portion of the statute which makes the offense a third degree crime

as opposed to a disorderly persons offense. This part of the statute should be charged to the jury only after a finding

of guilt as to subsection (a)(1).

TAMPERING WITH PUBLIC RECORDS

OR INFORMATION

(FALSE ENTRY OR ALTERATION)

(N.J.S.A. 2C:28-7a(1))

document or thing belonged to, or was received or kept by, the government for information or

record, or was required by law to be kept by others for information of the government. 3 [Here,

the court should state to the jury the allega tion(s) made by the State and the defense’s

position(s), if any].

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

or any locality within it.4

The State must prove beyond a reasonable doubt that the defendant acted knowingly.

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 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 practica lly certain that his/her

conduct will cause such a result. "Knowingly," "w ith knowledge" or equivalent terms have the

same meaning.5

Knowledge is a condition of the mind which cannot be seen and can only be determined

by inferences from conduct, words or acts. A state of mind is rarely suscep tible of direct proof,

but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury,

that the State produce witnesses to testify that an accused said he/she had a certain state of mind

when he/she engaged in a particul ar act. It is within your power to find that such proof has been

furnished beyond a reasonable doubt by inference which may arise fr om the nature of his/her

acts and his/her conduct, and from all he/she said and did at the particular time and place, and

from all of the surrounding circumstances.

If you find that the State has failed to prove any one of these elements beyond a

reasonable doubt, then you must find the defendant not guilty.

If you find, however, that the State has prove n all of these elemen ts beyond a reasonable

doubt, then you must consider a fourth element, namely whether the defendant’s purpose was to

defraud or injure anyone.

6

For this element, the State must prove beyond a reasonable doubt that the defendant acted

purposely.

3 The question of who receives, ke eps or maintains the item, to whom it belongs, and for what purpose

should be provided for by statute, ordinance, rule, regulation or otherwise. The trial court might wish to refer to or

quote the appropriate provision, if it is in issue.

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

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

6 N.J.S.A. 2C:28-7b.

TAMPERING WITH PUBLIC RECORDS

OR INFORMATION

(FALSE ENTRY OR ALTERATION)

(N.J.S.A. 2C:28-7a(1))

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

it is his/her conscious object to engage in conduct of that nature or to cause such a result. That is,

a person acts purposely if he/she means to act in a certain way or to cause a certain result. A

person acts purposely with respect to attendant circumstances if he /she is aware of the existence

of such circumstances or he/she believes or hopes that they exist. In other words, if he/she means

to do it.7

Purpose is a condition of the mind which cannot be seen and can only be determined by

inferences drawn from the defe ndant’s conduct, words or acts. A state of mind is rarely

susceptible of direct proof, but mu st ordinarily be inferred from the facts. Therefore, it is not

necessary, members of the jury, that the State pr oduce witnesses to testify that an accused said

he/she had a certain state of mind when he/she e ngaged in a particular ac t. It is within your

power to find that such proof has been furn ished beyond a reasonable doubt by inference which

may arise from the nature of his/her acts and his/ her conduct, and from all he/she said and did at

the particular time and place, and from all of the surrounding circumstances.

As to this element, the State must prove beyond a reasonable doubt that the defendant’s

purpose was to defraud or injure anyone. Here, the State alleges that the defendant’s purpose was

[Here, the court should state to the jury the allegation(s) made

by the State and the defense’s position(s), if any].

If you find that the State has proven all four elements beyond a reasonable doubt, you

must find the defendant guilty of the crime of ta mpering with public records or information with

purpose to defraud or injure anyone. If you find that the State has faile d to prove the fourth

element beyond a reasonable doubt, but has proven the first three elements beyond a reasonable

doubt, then you must find the defendant guilty of th e offense of tampering with public records or

information.

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