N.J. Model Criminal Jury Charge, N.J.S.A. 2C:20-7b

Revised 2/11/08

SUPPLEMENTAL CHARGE ON THEFT

USED IF DEFENDANT IS FOUND TO BE IN POSSESSION OF STOLEN PROPERTY

WITHIN A SHORT TIME AFTER THE THEFT1

If you find that defendant was in possession of (property stolen), within a reasonably short

period of time after the theft, you may infer that defendant is the thief.

Although possession of stolen property within a short period of time from the theft is not in

and of itself a crime, since it is possible under our law innocently to possess such goods, such

possession within a reasonably short time after the theft may be found sufficient by you to infer that

the possessor is the thief unless the evidence shows to your satisfaction that the property was

acquired by defendant by legal means.

Exclusive possession of stolen property shortly after the theft is ordinarily a circumstance

from which you may reasonably draw the infe rence and find, in light of the surrounding

circumstances shown by the evidence in the case, that the possessor is the thief.

An inference is a deduction of fact that may logically and reasonably be drawn from another

fact or group of facts established by the evidence. Whether or not an inference should be drawn is

for you to decide using your own common sense, knowledge and everyday experiences. Ask

yourselves is it probable, logical and reasonable. However, you are never required or compelled to

draw an inference. You alone decide whether the facts and circumstances shown by the evidence

support an inference and you are always free to draw or not to draw an inference. If you draw an

inference, you should weigh it in connection with all the other evidence in the case keeping in mind

that the burden of proof is upon the State to prove all the elements of the crime beyond a reasonable

doubt. The term, "recently," is a relative term and has no fixed meaning. Whether property may be

considered as recently stolen depends upon the nature of the property, and all the facts and

circumstances shown by the evidence in the case. The shorter the period between the theft and the

possession, the stronger the inference becomes. Conversely, the longer the period of time since the

theft, the more doubtful becomes the inference which may reasonably be drawn from the possession.

1 This charge may be given even if the defendant testifies. See State v. Ippolito, 287 N.J.Super. 375, 384 n. 2

(App. Div.), certif. denied, 144 N.J. 585 (1996). However, if the defendant raises a claim of right, the charge should

not be given. Id.

SUPPLEMENTAL CHARGE ON THEFT

[IF DEFENDANT DOES NOT TESTIFY AND ELECTS TO HAVE THE JURY

CHARGED ON HIS/HER DECISION NOT TO TESTIFY, CHARGE FOLLOWING]

You must remember that a defendant has the constitutional right to decline to testify and to

remain silent. You must not consider for any purpose or in any manner, in arriving at your verdict,

that defendant did not testify. However, you may consider the possession of recently stolen

property, along with other circumstances and other evidence, independent of any testimony of the

accused in determining whether the State has met its burden of proof.

[CHARGE IN ALL CASES]

If you find that the State has proven beyond a reasonable doubt that the defendant was in

exclusive possession of the property and that the property had been recently stolen, you may find the

defendant guilty of theft in the absence of evidence as to the circumstances surrounding the

possession of the property. I have already defined possession for you.

As I have previously mentioned, possession of the stolen property by a person shortly after

the theft raises a permissible inference that the possessor is in fact the thief. However, you may

accept or reject such an inference after considering all the other evidence in the case. If you find the

inference, you should weigh it in connection with all the other evidence, keeping in mind that the

State must prove defendant’s guilt beyond a reasonable doubt, and that the inference does not shift

the burden of proof to the defendant to prove his/her innocence.