CRIMINAL JURY INSTRUCTIONS 2d

HISTORY OF CRIMINAL JURY INSTRUCTIONS

In September, 1992, the Chief Administrator of the Office of Court Administration announced the formation of the committee to revise the first edition of the Criminal Jury Instructions (CJI). The first edition had been published in three loose-leaf binders. CJI2d supersedes the first edition.

In late 1994, the first set of CJI2d charges were published in a loose-leaf binder.

In 1996, CJI2d abandoned the loose-leaf form of publication and instituted the current internet format for publication of its charges. Thus, there is presently no up-to-date hard-copy publication of the Criminal Jury Instructions; all current instructions are set forth in the instant web site.

Beginning in September 2003, the Committee on Criminal Jury Instructions published the following record of the month and year in which a CJI2d charge was added or revised.

The reason for, and nature of, a revision is normally reported in the first footnote of the charge.

The most recent additions or revisions are listed first.

Return to the main page to secure a particular charge.

JULY 2018
Penal Law Added a charge for Penal Law sections: 120.14(3); 120.50(1); 120.50(2); 120.50(4); 120.55(2); 120.55(3); 120.60(2) 125.13(4) 165.07 220.34(8). Revised Penal Law art. 105, conspiracy charges. Revised Penal Law sections: 120.60(1); 125.12(1); 125.27-1-a-x; 125-27-1-a-xi; 130.25-1; 130.40-3; 130.52-2; 160.10; 190.78(1); 265.03 (3).
APRIL 2018
Instructions of General Applicability Each charge of General Applicability may now be obtained in a WORD document format (docx) by clicking on the underscored name of the charge and following the instructions to download the charge in the WORD format. Added Instructions of General Applicability: Multiple Separate Transaction of the same crime Partial Verdict (Because this item partakes of both an instruction and a colloquy it is included here and in Model Colloquies) Venue of a county for conduct outside the county Venue of a county via common carrier Venue of a county via private vehicle Revised General Applicability Instructions: Venue of a county for some conduct inside the county Sample Charges Each Sample Charge (Grand jury impanelment instruction; Voir dire instructions; Preliminary instructions; and Final Instructions) may now be obtained in a WORD document format (docx) by clicking on the underscored name of the charge and following the instructions to download the charge in the WORD format. Agriculture and Markets Law Education Law A WORD document has been added for the sections in these laws. Penal Law As expalined in the January 2018 history note, the CJI committee is in the process of updating the form of Penal Law charges and reviewing all Penal Law charges. Revisions simply in format and other non-substntive amendments will not be noted; any substantive revision will of course be noted, as it has in the past, in a footnote, normally footnote one of the charge. We are also in the process of adding a Word document of the charges. Thus far, a Word document has been added for the charges in Penal Law articles 100, 105, 110, 115, 120, and 121. The WORD document may be obtained by clicking on the underscored section of the Penal Law charge. Added Penal Law Charge: Penal Law § 240.21 Revised Penal Law Charges: The assault and menacing charges which include “deadly weapon” as an element have been revised to account for statutory additions to what constitutes a deadly weapon, as well as to include some definitions of those weapons set forh in decisional law. The opening paragraph of the definition of "criminal negligence" in assault in the third degree and aggravated criminally negligent homicide was moved to the end of that definition and the definition was otherwise conformed to the paragraph at the end of the definition of “criminal negligence” in the charge for criminally neglient homicide (Penal Law § 125.10). Model Colloquies Each colloquy has been updated to include access to a WORD document (docx) by clicking on the name of the colloquy and following the instructions to download the charge in the WORD format. Added Model Colloquies: Arraignment of a felony complaint Taking of a partial verdict (Because this item partakes of both a colloquy and an instruction, it is included here and in the instructions of General Applicability).
JANUARY 2018
The CJI2d Committee celebrates its 25 th Anniversary this year. The Committee has accordingly decided to embark on a systematic and comprehensive review of all its jury instructions. As part of the review of the charges, the format for the instruction for an offense will undergo a couple of simplifications: First, the introduction to the definitions presently reads: Some of the terms used in this definition have their own special meaning in our law. I will now give you the meaning of the following terms: (specify terms). That introduction will be revised to read: The following term(s) used in that definition (has/have) a special meaning: X means . . . Y means . . . Second, the concluding paragraphs presently reads: Therefore, if you find that the People have proven beyond a reasonable doubt (each/both) of those elements, you must find the defendant guilty of the crime of (specify). On the other hand, if you find that the People have not proven beyond a reasonable doubt (either one or both / any one or more) of those elements, you must find the defendant not guilty of the crime of (specify). Those paragraphs will be revised by striking the introductory word(s) and the unnecessary repetition of the name of the crime; thus, the conclusion will read: If you find the People have proven beyond a reasonable doubt (each/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 / any one or more) of those elements, you must find the defendant not guilty of this crime. In recognition of the Unified Court System’s switch form WordPerfect to Word, CJI2d will start the process of providing a link to a CJI charge in a Word format. Thus, in this January 2018 publication, we begin by providing a Word document for each charge of General Applicability. Simply click on the name of the charge and a Word document will be provided. The instructions which have been added or revised in the January 2018 publication are as follows: GENERAL APPLICABILITY CHARGES: Added a limiting Instruction for “hearsay” statement not admitted for its truth. Added an instruction on the jury’s utilization of a transcript of a recording. Revised the instructions for Identification to accord with the Court of Appeals decision on cross-racial identification. Revised Justification charges as relates to informing the jury how to consider counts charging same. AGRICULTURE & MARKETS LAW: Added section 353 and 353-a relating to animal cruelty. PENAL LAW: Added: 120-03(1); 195.15(3) Revised: 120.04(1); 125.12(1); 170.05 to and through 170.30; and 190.25(1). MODEL CHARGES: Revised: Grand Jury Impanelment charge. MODEL VERDICT SHEETS: Revised Affirmative Defense Verdict Sheet. "TERRITORIAL JURISDICTION" AND "VENUE" NOTE: A note on “territorial Jurisdiction” and “venue” has been added to the Preface and the Appendix. That note reads as follows; “The Committee on Criminal Jury Instructions recognizes that the law does not required “venue” in a particular county to be proved beyond a reasonable doubt; venue need only be proven by a preponderance of the evidence. People v. Moore, 46 NY2d 1, 6 (1978). Because venue is, however, normally certain, to avoid a separate charge for venue in each charge, venue is included in the items to be proved beyond a reasonable doubt. If, however, venue is in issue, the trial court should strike the reference to the County in the elements, and insert the instruction on “venue” in CJI2d[NY] General Applicability, Geographical Jurisdiction, County Venue. If the “territorial jurisdiction” of the State of New York is in issue, that must be proved beyond a reasonable doubt [People v. McLaughlin, 80 NY2d 466(1992)] and the trial court should insert the instruction on “territorial jurisdiction” in CJI2d[NY] General Applicability, Geographical Jurisdiction, Territorial Jurisdiction.”
APRIL 2017
Penal Law Revision of section 265.01 (1): addition of Possession of Per Se Knife.
JUNE 2017
Instructions of General Applicability Revision of Confession to add section on failure to record a statement (CPL 60.45) Revision of Interpreter for defendant and witnesses Addition of Identification by Pictorial Representation (CPL 60.25 & 60.30) The following charges have been copied from the Model Charges to appear separately in the Instructions of General Applicability section: Inconsistent Statements Interested Witness Evidentiary Inferences Model Charges Revision of Final Instructions to add an example to Evidentiary Inferences instruction. Revision of Final Instructions by adding a couple of clarifying words to Previous Criminal Conduct instruction. Penal Law Addition of section 120.05 (13) Addition of section 178.15 (2) Education Law Addition of section 6512 (1) Model Colloquies Alternate Plea of Guilty for a non-Felony offense set forth in the Appendix to Plea of Guilty Waiver of Right to Appeal instruction has been copied from the Plea of Guilty charge to appear separately in the table of contents.
FEBRUARY, 2017
Penal Law Addition of article 178: sections 178.10; 178.15 (1); 178.20; and 178.25 Revision of article 230 Addition of sections 230.06 (2) and 230.32 (2)
JANUARY, 2017
Instructions of General Applicability Added charges for: Closed-Circuit TV Testimony (CPL 65.30) Dying Declaration Voluntary Act Penal Law Revision of sections 120.05 (3) and 120.05 (11) Addition of sections 120.05 (3-c); 120.05 (11-c); and 120.05 (14) Addition of section 130.52 (2) Revision of sections 135.35 (1); 135.35 (2); and 135.35 (3) Addition of section 135.37 Revision of section 175.35 (1) Addition of section 175.35 (2) Addition of section 260.00 (1)
JULY, 2016
Instructions of General Applicability Revision of Justification: In Defense of a Person: Physical Force; Revision of Justification: In Defense of a Person: Deadly Physical Force Penal Law Revision of section 130.52 (1); Revision of section 215.51 (c); Revision of article 265 Public Health Law Addition of section 3383 (2)
FEBRUARY 2016
Instructions of General Applicability Revision of Jury Admonitions and Separation Instructions Revision of Justification: In Defense of a Person: Physical Force and Deadly Physical Force Penal Law Revision of section:125.25 (3) Felony Murder Revision of article 125: Additional Charges: Affirmative Defenses: Extreme Emotional Disturbance Revision of article 220: Additional Charges: Presumptive Possession - Room Addition of sections: 240.30 (4) - Aggravated Harassment in the second degree 240.36 Loitering 245.00 (a)(b)(i) Public Lewdness 260.00 Abandonment of a Child Revision of section 265.03 (3) - Possession of Loaded Firearm Not in Home or Place of Business Model Verdict Sheets Addition of a Verdict Sheet for when Justification is charged Vehicle and Traffic Law Addition of section 509 (1)
JULY 2015
Instruction of General Applicability Revision of Confession Addition of Corporate Liability: Conduct of a High Managerial Agent (PL § 20.20 [2] [b]) and Conduct of Agent (PL § 20.20 [2] [c]) Addition of Interpreters Penal Law Addition of sections: 20.20 (2) (b) and 20.20 (2) (c) Revision of section 140.25 (2) Revision of article 160: Introductory instruction to robbery charges Addition of sections: 190.87 and 190.89 Revision of section: 240.30 (1) and 240.30 (2) Addition of sections: 496.02; 496.03; 496.04; 496.05; and 496.06
JANUARY 2015
Instructions of General Applicability Revision of Defenses: Justification - Physical Force Addition of Defenses: Justification: Deadly Physical Force - Resisting Violent Offense (PL § 35.15 [2][b]) Model Charges Revision of Grand Jury Impanelment Penal Law Revision of sections 120.05 (3) and 120.05 (11) Revision of article 120 Additional Charges: Causation - Cause of Injury Revision of article 125 Additional Charges: Causation - Cause of Death Revision of section 190.26 (1) Addition of sections 120.05 (3-b) and 120.05 (11-b) Addition of section 265.45 Vehicle and Traffic Law Revision of section 1192(1), (2-a[b]), and (3)
JUNE 2014
PENAL LAW Revision of article 115 Revision of article 120 Revision of article 125 Revision of section 130.52 Revision of section 190.25 (1) Revision of section 221.10 (1) Revision of section 240.32 Revision of section 265.03 (3) Addition of section 120.04-a Addition of section 120.05 (4-a) Addition of section 130.65 (4) Addition of section 140.15 (2) Addition of sections 155.35 (2) and 155.43 Addition of sections 240.50 (4)(a) and (4)(b) Addition of section 265.17 (3) VEHICLE & TRAFFIC LAW Addition of section 600 (2)(a) (A misdemeanor) Added VTL 1198(9)(d) MODEL VERDICT SHEETS Revision of Verdict Sheet for Enterprise Corruption
FEBRUARY 2014
GENERAL CHARGES Instructions of General Applicability & Model Charges: Final Instructions: Revision of Witness Pre-trial Preparation Model Verdict Sheets: Revision of Affirmative Defense of Extreme Emotional Disturbance [PL § 125.25 (1) (a)] Instructions of General Applicability: Addition of Adverse Inference - Destroyed Evidence PENAL LAW Revision of sections 195.05; and 195.07 Addition of sections 240.50 (1); (2); and (3) Addition of section 240.70 (1) (d) - religious worship VEHICLE & TRAFFIC LAW Revision of sections 511 (2) (a) (i); and 511 (2) (a) (ii) Revision of section 600 (2) (a) and (c) Addition of section 511 (3) (a) (i)
JUNE 2013
PENAL LAW Addition of Penal Law sections: 120.05 (11-a); 240.30(4) [former 240.30(4) renumbered 240.30(5); 260.24; 265.01-a; 265.01-b (1) and (2); 265.19; 460.22. Revision of Penal Law sections: 120.05 (11); 130.95 (1)(b); 140.10 (g); 155.30 (9); 170.20; 170.25; 170.30; 170.45(2); 195.05; 195.07; 215.51 (b) (v); 240.30 (4); 240.30 (5) [formerly 240.30(4)]; 260.25; 263.15; 265.01(1); 265.01(4); 265.11(1). Revision of "Additional Charges" for Penal Law sections: 265.00(3); 265.15 (3).
JANUARY 2013
GENERAL CHARGES Addition of an Adverse Inference for missing Rosario material. Revision of Justified Force: In Defense of a Person - Deadly Physical Force PENAL LAW Addition of Penal Law section 120.05(3-a) Revision of Penal Law section 120.05(3), Penal Law article 140 charges, and Penal Law sections 125.14(1); 125.14(4); 125.14(5); 125.14(7). VEHICLE & TRAFFIC LAW Revision of Reckless Driving, VTL 1212
JUNE 2012
GENERAL CHARGES Addition of: Justification, Emergency Measure [PL § 35.05(2)]; Witness or Victim of Overdose [PL § 220.78] Expert: Crime Victims Syndrome Discharge and Substitution of Juror PENAL LAW Addition of Penal Law section 120.09 Revision of Penal Law article 130, and sections 125.25; 140.25; 140.30;155.30 156.35; 160.15;176.10; 176.15; 220.03; 260.32(1) - (4) SEX OFFENDER REGISTRATION Revision of Correction Law section 168-t
JANUARY 2012
GENERAL CHARGES Revision of Accomplice, Confession, Identification. PENAL LAW Revision of Penal Law sections: 240.32, 260.34, 265.03(1)(b). Revision of Claim of Right defense. Addition of Penal Law article 121. VEHICLE & TRAFFIC LAW Addition of VTL sections: 1198(7)(b); 1198(9)(a, b, and c)
JULY 2011
PENAL LAW Revision of Penal Law sections: 130.55, 130.60, 130.65, and 260.32(4).
JUNE 2011
PENAL LAW Addition of Penal Law article 121 and Penal Law section 200.55
MAY 2011
PENAL LAW Addition of Penal Law sections: 125.13(1); 240.26 Revision of Penal Law sections: 120.05(3); 120.05(11); 120.10(2)
AUGUST 2010
PENAL LAW Addition of Penal Law sections: 125.13(6); 125.14(1); 125.14(3); 125.14(4); 125.14(5); 125.14(6); 125.14(7); 125.26(2); 220.48; 220.77(1); 220.77(2); 220.77(3); 240.70(1)(a) and (b); 240.70(1)( c); 240.70(1)(d); 240.71; 240.72; 240.73. Addition of Other Crimes: Vehicle and Traffic Law 1192(2-a)(a) and (b). Revision of Charges: Penal Law 125.12(1); Vehicle and Traffic Law 511(3)(a)(ii).
JANUARY 2010
PENAL LAW Addition of Penal Law sections: 145.00(4); 156.26(2); 156.29 Revision of Penal Law sections: 145.00(1); 145.00(3); 145.05; 145.10; 145.12 GENERAL CHARGES Addition to Grand Jury Charge Addition to Jury Separation During Deliberations Charge
JULY, 2009
PENAL LAW Addition of Penal Law sections: 120.70(1); 155.30(11); 156.26(2); 156.29; 165.45(7); 190.25(4); 190.65(1)( c); 190.80-a; 200.55; 240.31(5); 263.30(1)(a); 263.30(1)(b). Added an Additional Charge to explain difference between Depraved Indifference Murder and Reckless Manslaughter (Death of Child); Added an Additional Charge for Aggregate Value of Stolen Property and revised Penal Law sections 155.30(1), 155.35, 155.40(1), 155.42 (Grand Larceny of a Specified Amount– revised to include reference to Additional Charge for Aggregate Value of Stolen Property). And revised Penal Law sections: 156.26(1)( renumbered, formerly 156.26); 156.30(1); 156.30(2); 190.26(1); 240.30(1)
JUNE, 2009
GENERAL CHARGES Revision of Jury Admonitions. PENAL LAW Addition of Penal Law section: 120.05(12) Revision of Penal Law sections: 120.55(1); 125.10; 135.60 OTHER CRIMES Revision of Vehicle and Traffic Law section: 1212
JANUARY, 2009
PENAL LAW Revision of Penal Law sections: 140.25(1)(c); 140.30(3); 145.00(1); 145.00(3); 145.05; 145.10; 145.12; 160.15(3); 230.25(1) OTHER CRIMES Revision of Vehicle and Traffic Law § 1212
SEPTEMEBER, 2008
PENAL LAW Penal Law 135.35
JULY, 2008
FULL SAMPLE CHARGES Preliminary Instructions Verdict Sheets PENAL LAW Penal Law sections: 230.34(1), 230.34(2), 230.34(3), 230.34(3), 230.34(4), 230.34(5), 490.37, 490.40(1), 490.40(2), 490.45(1), 490.45(2), 490.45(3), 490.47, 490.50, 490.55(1), 490.55(2), 490.55(3)
JANUARY, 2008
GENERAL CHARGES Voir Dire. Final Instructions. Identification-One Witness and Identification- Witness Plus, each revised to include instructions on identification expert. Lesser Included Offense PENAL LAW Penal Law sections: 220.28, 230.25(1), 230.04 (Note: 230.03 has been repealed), 265.01(3),270.25, 270.30, 270.35 OTHER CRIMES Vehicle and Traffic Law sections— The definition of “operation” was revised in the following charges: 511(1)(a), 511(2)(a)(I), 511(2)(a)(ii), 511(3)(a)(ii), 1192(1), 1192(2), 1192(3), 1192(4) and 1192(4-a). 1212 was revised to provide more direction as to optional terms.
JUNE, 2007
PENAL LAW Penal Law sections: 125.25(5), 130.91, 156.05 to 156.25, 158.05 to .35, 165.15, 177.05 to 177.30, 220.18, 220.21(1), 220.34(7), 220.44(2), 235.22, 255.26, 255.27, 260.00 to 260.34.
JANUARY, 2007
GENERAL CHARGES Disruptive Defendant PENAL LAW Penal Law sections: 120.02, 120.10, 120.25, 125.25(2), 125.25(4), 125.26, 130.95(1)(a), 130.95(1)(b), 130.96, 230.33, 255.25, 240.31(3), 240.31(4), 255.25, 265.02(3), 265.02(5)(i), 265.03(2), 265.04(1), 265.04(2), 265.12(1), 265.12(2), 265.13(1), 265.13(2). Penal Law article 125, Additional Charges, Depraved Indifference Murder and Reckless Manslaughter Explained. OTHER CRIMES Vehicle and Traffic Law sections: 511(1)(a), 511(2)(a)( i), 511(2)(a)(ii), 1192(4-a)
AUGUST, 2006
GENERAL CHARGES Absent Defendant Jury Questions Justification of Person by Physical Force Pro-se Defendant Temporary Possession Voluntary Possession Venue; Jurisdiction of the State PENAL LAW Penal Law sections: 120.14(1), 120.18, 125.11, 125.21, 125.22, 220.72, 220.73, 220.74, 220.75, 220.76, 265.02(4), 265.03(2). Defense of Claim of Right to Larceny. OTHER CRIMES Vehicle and Traffic Law section: 511(3)(ii).
APRIL & JUNE, 2006
PENAL LAW Revision of Penal Law sections 120.25, 125.25(2), 125.25(4) Revision of Penal Law article 125, Additional Charge, Murder and Reckless Manslaughter Explained.
JANUARY, 2006
GENERAL CHARGES Corroboration of an Unsworn Witness Corroboration of a Witness Mentally Incapable of Consent to Sex Corroboration of a Confession Recent, Exclusive Possession Pre-summation Instruction PENAL LAW Revision of Penal Law sections 120.03 and 125.12. Addition of Penal Law sections 220.70, 220.71, 250.45, 250.50. OTHER CRIMES Correction Law 168t (Sex Offense Registration Act)
JUNE, 2005
GENERAL CHARGES Accomplice by law Accomplice by fact Consciousness of Guilt Deadlocked Jury Deliberations Duress Expert Re Drug Trafficking Intoxication Justification: Arson Justification: Burglary Justification: Criminal Trespass Justification: Damage to Premises Molineux Witness Refusal to Answer Witness Testimony Stricken PENAL LAW Revised: Murder 1 per Penal Law 125.27(1)(a)(xi) Affirmative Defense for Penal Law 130.55 Verdict Sheet for Enterprise Corruption VEHICLE AND TRAFFIC LAW Leaving the Scene, as a felony Leaving the Scene, as a misdemeanor
FEBRUARY, 2005
GENERAL CHARGES Multiple Defendants
DECEMBER, 2004
GENERAL CHARGES Character Evidence Indictment Not Evidence Deliberation + Verdict Procedures: Jury Deliberations Verdict Sheet Jury Conduct: Role of Court + Jury Motive Statement, Admission, Confession PENAL LAW Additional Charge on Distinction Between Depraved Indifference Murder and Reckless Manslaughter, Penal Law article 125. Penal Law: 240.05; 240.06; 240.08. 265.01(6); 265.08(1); 265.08(2); 265.09(1)(b). 460.20(1)(b); 460.20(1)(c) OTHER CRIMES Vehicle and Traffic Law 600(1) ff
AUGUST, 2004
GENERAL CHARGES "Deliberation Procedures" charges were added to cover Exhibits-Readback-Law and the Foreperson. Accessorial Liability charge was revised. PENAL LAW Criminal Impersonation in the First Degree. Bribe Giving and Receiving for Public Office. Enterprise Corruption. Disseminating Indecent Material to Minors. Charges for the following crimes were revised: Depraved indifference murder. Criminal Impersonation in the Second Degree charges. Capital charges dealing with witness elimination. OTHER CRIMES Vehicle and Traffic Law 1192(4)(Driving under influence of drugs) Vehicle and Traffic Law 1212 (Reckless Driving) Charges for Vehicle and Traffic Law 1192 (1) (2) (3) were revised to account for the amendments effective July 1, 2003. FORMER CRIMES The Vehicle and Traffic Law 1192 charges in effect prior to July 1, 2003 were added.
MAY, 2004
GENERAL CHARGES A charge was added for the affirmative defense of insanity. PENAL LAW CHARGES Charges have been added for crimes defined in the following Penal Law articles: 135, 205, 225, 265.
JANUARY, 2004
PENAL LAW CHARGES Penal Law article 130 was revised to accord with November, 2003, amendments. FORMER CRIMES Charges were posted for the former Penal Law article 130 crimes and other former crimes.
DECEMBER, 2003
GENERAL CHARGES Missing Witness charge was added. PENAL LAW CHARGES Penal Law article 120 charges on Stalking have been revised to reflect the decision in People v. Stuart,100 NY2d 412 (2003). Charges have been added for crimes defined in the following Penal Law articles: 120, 165, 170, 195, 205, 215, 220, 225, 255, 265.
SEPTEMBER, 2003
PENAL LAW CHARGES Charges have been added for crimes defined in the following Penal Law articles: 156, 180, 215, 230. Charges have been added for crimes defined in the following Penal Law sections: 120.05(11) 140.10(b), & 140.17(2) 165.10(2), & 165.11 170.70(1)+(2)+(3)(a)+(b) 175.20, 170.25, 170.40, 170.45(1), 170.45(2) 265-03(1)+(3) 270.20(1) Charges have also been added concerning: Affirmative Defense to Suicide Affirmative Defense to Sex Offenses Corroboration of Sex Offenses

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