Form 198: Defendant Did Not Have "knowing" Intent, Shoplifting

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 198: Defendant Did Not Have "Knowing" Intent, Shoplifting

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant,

STATE OF NEW JERSEY

v___

Defendant

___Municipal Court
Summons: ___

Defendant did not have the "knowing" intent to commit a criminal act

The defendant was not aware that there was a criminal act being committed.

NJSA 2C: 4-2. Evidence of mental disease or defect admissible when relevant to element of the offense.

Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense.

The NJ Model Jury charges set forth the elements of SHOPLIFTING [CONCEALMENT] (N.J.S.A. 2C: 20-11b(2))

The statute provides in pertinent part that it is a crime for:

any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

In order for the finder of fact to find the defendant guilty of shoplifting, the State must prove each of the following elements beyond a reasonable doubt:

1. that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by (name of commercial establishment);
2. that (name of commercial establishment) was a store or other

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