New Jersey Drug Charges
Approved 1/6/92
DISTRIBUTING OR DISPENSING
CONTROLLED DANGEROUS
SUBSTANCES
NEAR OR ON SCHOOL PROPERTY
USED FOR SCHOOL PURPOSES
(2C:35-7)
The
defendant is charged with (distributing) (dispensing) a controlled
dangerous substance near or on school property, used for school
purposes. The statute upon which this charge is based reads, in its
pertinent part, as follows:
Any person who violates [another section of our law] by distributing
or dispensing a controlled dangerous substance [or controlled
substance analog] while on any school property used for school
purposes which is owned by any elementary or secondary school or
school board, or within 1,000 feet of any school property or school
bus, or while on any school bus, is guilty of a crime...
In order for you to find the
defendant guilty of this charge, the State must first prove beyond a
reasonable doubt that the defendant knowingly or purposely
distributed or dispensed a controlled dangerous substance (or
controlled substance analog). As I have previously instructed you,
the elements of distributing or dispensing a controlled dangerous
substance are:
(1) S_______ is (insert
appropriate controlled dangerous substance or controlled substance
analog)
(2) That the defendant
distributed S_______ on the date alleged in the indictment.
(3) That the defendant
acted knowingly or purposely in doing so.
In addition to proving the
distribution or dispensing, the State must also prove beyond a
reasonable doubt that this act occurred:
(CHARGE APPROPRIATE TERM)
on (or within 1,000 feet of) any
school property
OR
on (or within 1,000 feet of) a school
bus.
The term school property
means any property which is used for school purposes and is owned by
or leased to an elementary school, secondary school or school board.
The 1,000 feet zone extends from the outermost boundary of the
school property and not from the school building itself. It does
not matter whether the school is public, private or parochial. It
is also no defense to this charge that no juveniles were present on
the school property at the time of the offense, or that the school
was not in session.
The possibility that
defendant may have been unaware that the prohibited conduct took
place on or within 1,000 feet of school property is not a defense to
this crime
and shall not be considered by you in your deliberations.
(CHARGE WHERE APPROPRIATE)
[It is affirmative
defense that the crime took place entirely within a private
residence. This defense does not apply if any person 17 years or
younger was present anywhere in the residence at any time during the
commission of the offense or if the offense was committed for
profit. This defense must be proven by the defendant by a
preponderance of the evidence. Therefore, if you find that it is
more likely than not that:
(1) The offense took place
totally within a private residence; and
(2) no person 17 years of age
or younger was present anywhere in the residence at any time during
the commission of the offense; and
(3) the offense was not
committed for profit, then you must find the defendant not guilty.
This defense applies only
to this charge and shall not affect your verdict concerning any
other count of the indictment.]
If you find that the State has
proven all these elements beyond a reasonable doubt, then you must
return a verdict of guilty. On the other hand, if you find that the
State has failed to prove any of these elements beyond a reasonable
doubt, then you must return a verdict of not guilty.
Where there is a
question whether the property was used for school purposes
charge the following:
"In addition to determining whether property is school
property, you must determine the purpose for which it is
used. You must decide whether the property is regularly,
consistently, and actually used for school purposes, and
whether the property's appearance would give an objectively
reasonable person reason to know that it was used regularly,
consistently, and actually for school purposes." State
v. Ivory, 124 N.J. 582, 587, 592 (1991).
The statute eliminates
this defense only in cases involving school property and
does not eliminate such a defense in cases in which the
prohibited conduct occurred on or within 1,000 feet of a
school bus.
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