N.J. Model Criminal Jury Charge, N.J.S.A. 2C:20-7.1

Revised 2/22/99

INFERENCES - THEFT BY RECEIVING STOLEN PROPERTY

(N.J.S.A. 2C:20-7(b))

I have previously instructed you that the third element which the State must prove beyond

a reasonable doubt is that the defendant either knew that the property was st olen or believed that

it had probably been stolen at the time he/she received the property (or brought the property into

the State).

You may infer that defendant had this requisite knowledge or belief if you find

(Charge whichever alternative(s) is/are appropriate)

(1) Defendant was found in possession or c ontrol of two or more items of property

stolen on two or more separate occasions,

or

(2) Defendant has received st olen property in another transaction within the year

preceding the transaction charged,

or

(3) Defendant was a person in the business of buying or selling property of the sort

received and acquired the property wit hout having ascertained by reasonable

inquiry that the person from whom he/she obtained it had a legal right to possess

and dispose of it,

or

(4) Defendant was found in possession of two or more defaced access devices.

1

An inference is a deduction of fact that may be drawn logically and reasonably 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 co mmon sense, knowledge and everyday experience.

Ask yourselves is it probable, logical and reasonable. Howeve r, 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 conn ection with all the other evidence in the case,

1 “Access device” means property consisting of any telephone calling card number, credit card number,

account number, mobile identification num ber, electronic serial number, pers onal identification number, or any

other data intended to control or limit access to telecommunications or other computer networks in either human or

computer readable form, either copy or original, that can be used to obtain telephone service. N.J.S.A. 2C:20-1(s).

“Defaced access device” means any access device, in eith er human readable or computer readable form,

either copy in any manner from its original configuration. N.J.S.A. 2C:20-1(t).

INFERENCES - THEFT BY RECEIVING STOLEN PROPERTY

N.J.S.A. 2C:20-7(b)

keeping in mind that the burden of proof is upon th e State to prove all the elements of the crime

beyond a reasonable doubt.2

2 Direct and circumstantial evidence should be charged first.