New Jersey Jury Instruction - Sale Or Receipt Of Stolen Property

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

(N.J.S.A. 2C:2-9) The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him/her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.

Theft of movable property is defined under N.J.S.A. 2C:20-3(a) as taking or exercising unlawful control over property with the intention of deprive its true owner of its benefit.

Charges and possible penalties for theft crimes under New Jersey law include: Disorderly persons offense: Up to 6 months in jail and a fine of up to $1,000. Fourth-degree offense: Up to 18 months in jail and a fine of up to $10,000. Third-degree offense: 3 to 5 years in prison and a fine of up to $15,000.

Under N.J.S.A. 2C:20-7, a person can be convicted of receiving stolen property if he/she knowingly received or bought the movable property of another into New Jersey while knowing that it has been stolen or believing that it probably was stolen. Notice that the statute uses the word knowing twice.

A person is guilty of receiving stolen property in the third degree if the amount involved exceeds $500 but is less than $75,000, the property stolen is a firearm, motor vehicle, boat, vessel, airplane, horse, or domestic animal, the property stolen is a CDS in the quantity of one kilogram or less, the property is from ...

2C:20-4. Theft by deception. c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.

2C:20-3 and provides: a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

2C:20-7 Proscribes: Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner.

More info

Mar 21, 2005 — The first element that the State must prove beyond a reasonable doubt is that the defendant knowingly received (or brought into this State) ... Sep 1, 2022 — Preliminary Instructions to the Jury. (9/1/22). Non 2C. Presumption of ... Dealing in Stolen Property. (12/2/96). 2C:20-8(a). Theft of Services ...This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to ... These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. SALE OR RECEIPT OF STOLEN PROPERTY. 18 U.S.C. § 2315 (FIRST PARAGRAPH). The defendant is charged in count ————— with a violation of 18 U.S.C. section 2315 ... If the evidence justifies an instruction on the lesser included offense (receipt of stolen goods having a value of $1,000 or less), see Special Instruction ... A judge must initially determine as a matter of law whether the facts would warrant the jury in inferring that the theft was recent. Kirkpatrick, supra ( ... Sep 2, 2011 — reflects the same: In deciding whether the defendant knew the property was stolen at the time of its sale or receipt, you must focus upon ... This 2023 Edition of CALCRIM includes all of the new and revised Judicial ... Jury Instructions approved by the Judicial Council in March 2023. Evidence. The conclusion of each instruction briefly recaps the elements and ends with a recitation of the jury's duty to find the defendant guilty or not guilty.

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New Jersey Jury Instruction - Sale Or Receipt Of Stolen Property