N.J. Model Criminal Jury Charge, N.J.S.A. 2C:39-5e(2)

Revised 3/9/15

CERTAIN WEAPONS IN EDUCATIONAL INSTITUTION

(N.J.S.A. 2C:39-5e(2))1

Count ______ of the indictment charges defendant with possession of a weapon in an

educational institution. (Read count of indictment) . The statute upon which this count of the

indictment is based states in pertinent part:

Any person who knowingly has in his possession [choose

appropriate] a [gravity knife 2] [switchblade knife 3] [dagger]

[dirk] [stiletto] [dangerous knives] [billy] [blackjack] [bludgeon]

[metal knuckles] [sandclub] [sling shot] [cesti] [leather band

studded with metal filings] [razor blades imbedded in wood] [stun

gun4] [any weapon or device which projects, releases or emits tear

gas or any other substances intended to produce temporary

physical discomfort or permanent inju ry through being vaporized

or otherwise dispensed in the air] [firearm even though not loaded

or lacking a clip or other component to render them immediately

operable] [any components which can be readily assembled into a

firearm] in or upon any part of the buildings or grounds of any

school, college, university or other educational institution without

the written authorization of the governing officer of the institution

is guilty of a crime.

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

the following elements beyond a reasonable doubt:

1. That [exhibit ___ is a (enumerate type of weapon)] [there was a

(enumerate type of weapon)];

2. That defendant knowingly possessed the [enumerate type of weapon]; and

3. That defendant possessed the [enumerate type of weapon] and he/she

knew the possession was occurring in or upon any part of the buildings or

grounds of any school, college, university or other educational institution.

4. The defendant possessed the (enumerate weapon) in or upon any part of the

buildings or grounds of any school, college, university or other educational

1 This portion of N.J.S.A. 2C:39-5e(2) refers to specific weapons.

2 Gravity knife means any knife which has a blade which is released from the handle or sheath

thereof by the force of gravity or the application of centrifugal force. N.J.S.A. 2C:39-1h.

3 Switchblade knife means any knife or similar device which has a blade which opens

automatically by han d pressure applied to a button, spring, or other device in the handle of the knife.

N.J.S.A. 2C:39-1p.

4 Stun gun means any weapon or other device which emits an electric charge or current intended to

temporarily or permanently disable a person. N.J.S.A. 2C:39-1t.

CERTAIN WEAPONS IN

EDUCATIONAL INSTITUTION

N.J.S.A. 2C:39-5e(2)

institution without the written authorization of the governing officer of the

institution.

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

is a (enumerate type of weapon] [there was a enumerate type of weapon firearm]. A weapon

includes [choose appropriate] a [gravity knife] [switchblade knife] [dagger] [dirk] [stiletto]

[dangerous knives] [billy] [blackjack] [bludgeon] [metal knuckles] [sandclub] [slingshot] [cesti]

[leather band studded with metal filings] [razor blades imbedded in wood] [stun gun] [any

weapon or device which projects, releases or emits tear gas or any other subst ances intended to

produce temporary physical discomfort or permanent injury through being vaporized or

otherwise dispensed in the air] [firearm even though not loaded or lacking a clip or other

component to render them immediately operable] [any components which can be readily

assembled into a firearm]. In this case the State alleges that defendant was in possession of

(enumerate type of weapon).

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

knowingly possessed the weapon. 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. 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 conduct, words or acts. Therefore, it is not necessary for the State to produce

witnesses to testify that a defendant stated, for example, that he/she acted with knowledge when

he/she had control over a particular thing. It is within your power to find that proof of

knowledge has been furnished beyond a reasonable doubt by inference which may arise from the

nature of the acts and the surrounding circumstances.

The word “possess” means a knowing, intentional control of a designated thing,

accompanied by a knowledge of its character. Thus, the person must know or be aware that

he/she possesses the item (in this case [enumerate type of weapon]), and he/she must know what

it is that he/she possesses or controls, in other words, that it is [enumerate type of weapon].

CERTAIN WEAPONS IN

EDUCATIONAL INSTITUTION

N.J.S.A. 2C:39-5e(2)

This possession cannot merely be a passing control that is fleeting or uncertain in its

nature. In other words, to “possess” within the meaning of the law, the defendant must

knowingly procure or receive the item possessed or be aware of his/her control thereof for a

sufficient period of time to have been able to relinquish his/her control if he/she chose to do so.

When we speak of possession, we mean a conscious, knowing possession, either actual or

constructive.

[CHOOSE APPROPRIATE]

ACTUAL POSSESSION

A person is in actual possession of a particular article or thing when he/she knows what it

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

time. A person who, with knowledge of its character, knowingly has direct physical control over

a thing, at a given time, is in actual possession of it.

CONSTRUCTIVE POSSESSION

Constructive possession means possession in which the possessor does not physically

have the item on his/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

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

possessed the (enumerate weapon) and that he/she knew such possession was occurring in or

upon any part of the buildings or grounds of any [choose appropriate] [school] [college]

[university] [other educational institution]. I have already defined knowingly for you.5

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

defendant possessed the (enumerate weapon) in or upon any part of the buildings or grounds of

5 State v. Grate, 220 N.J. 317 (2015).

CERTAIN WEAPONS IN

EDUCATIONAL INSTITUTION

N.J.S.A. 2C:39-5e(2)

any [choose appropriate] [school] [college] [university] [other educational institution] without

the written authorization of the governing officer of the institution.

If you find that the State has proven every element of the offense beyond a reasonable

doubt, then you must find defendant guilty. If you find that the State has failed to prove any

element of the offense beyond a reasonable doubt, then you must find defendant not guilty.