CJI2d[NY] Penal Law § 170.55(2)

The (specify) count is Unlawfully Using Slugs in the Second Degree.

Under our law, a person is guilty of Unlawfully Using Slugs in the Second Degree when he knowingly¹ makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin machine.

The following terms used in that definition have a special meaning:

COIN MACHINE means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed (a) to receive a coin or bill or a token made for the purpose, and (b) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.²

SLUG means an object or article which, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token.³

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁴

INTENT means conscious objective or purpose. Thus a person acts with intent to enable a person to insert or deposit a slug in a coin machine when that person's conscious objective or purpose is to do so.⁵

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, both of the following two elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name), knowingly made, possessed or disposed of a slug; and

2. That the defendant did so with intent to enable a person to insert or deposit it in a coin machine;

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.