Approved 4/29/80
(Caveat: The offense of theft encompasses many related offenses and various degrees, depending upon whether or not certain elements exist. The following charge is to be used when the factual circumstances indicate an unlawful taking of personal property and the value of the property is in dispute. In other instances, reference must be made to 2C:20-2b to determine the degree of theft. see Charge, # 2.291 on GRADATION OF THEFT OFFENSES. Note that 2C:20-2b(2) makes some offenses of the third degree regardless of the value of the property.)
The indictment charges the defendant with (here read the indictment). The statute on which the indictment is based is 2C:20-3b which reads in pertinent part as follows:
A person is guilty of theft if he unlawfully transfers any interest in ... (the) property of another with (a) purpose to benefit himself or another not entitled thereto.
(If appropriate, here define "property" and "property, of another.")1
You cannot find the defendant guilty unless you determine that the State has proven the following two elements beyond a reasonable doubt:
First, the State must prove that the defendant unlawfully transferred an interest in another's property. This means that the defendant must have conveyed a right in another's property in a manner adverse to the rights of the owner of that property.
Second, the State must prove that the defendant so transferred an interest in this property with the purpose of benefiting (himself/herself) or someone else not entitled to this benefit.
With regard to the requirement of proof of a "purpose" to benefit oneself or another, you are instructed that a person acts purposely with respect to the nature of (his/her) conduct or a result thereof if it is (his/her) conscious object to engage in conduct of that nature or to cause such a result. In other words, in order for you to find that the defendant acted purposely, the State must prove beyond a reasonable doubt that at the time the defendant (here state facts indicating the manner in which the property and interest was transferred), it was the defendant's conscious object to benefit (himself/herself) (or another not entitled thereto) by said transfer. Put another way, for the defendant to have acted purposely, (he/she) must have had a conscious design or plan to benefit (himself/herself) (or another not entitled thereto) by such transfer.
Thus, if you find after a careful consideration of all of the evidence that the State has proven beyond d reasonable doubt each of these elements as I have just explained them, then your verdict should be guilty.
However, if the State has not proven each of the elements described above to your satisfaction beyond a reasonable doubt,2 then your verdict should be not guilty.
(Note that if the unlawful transfer is made by someone in a fiduciary capacity in breach of his fiduciary obligation, the theft is of the third degree regardless of the amount. See 2C:20-2b(2)(e). Unless the fiduciary relationship is admitted, the question of whether the relationship exists or not should be submitted to the jury. See definition of fiduciary in 2C:20-1b.)
1 This section proscribes the theft of "immovable property." N.J.S.A. 2C:20-1e defines "immovable property as property which is not movable" as defined by N.J.S.A. 2C:20-1e. Unless the character of the property allegedly unlawfully transferred is in dispute, the court may instruct the jury that the property so transferred is (immovable) property under the statute.
N.J.S.A. 2C:20-1g - "Property" means anything of value, including real estate, tangible and intangible personal property, trade secrets, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric, gas, steam or other power.
N.J.S.A. 2C:20-1h - "Property of Another" includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property.
2 Insert charge on Claim of Right Defense when evidence warrants. See Charge # 2.292.