Defense of No Effect on Government Purpose

It is a defense to tampering with a governmental record that the false entry or false information could have had no effect on the government’s purpose for requiring the governmental record.

Burden of Proof

The defendant is not required to prove this defense. Rather, the state must prove, beyond a reasonable doubt, that the defense does not apply.

Application of Law to Facts

To decide the issue of no effect on government purpose, you must determine whether the state has proved, beyond a reasonable doubt, that—

1. the government required the record;
2. the government had a purpose for requiring the record; and
3. the false entry or information could have had an effect on that purpose.

You must all agree that the state has proved, beyond a reasonable doubt, all three of these elements.

If you all agree that the state has failed to prove, beyond a reasonable doubt, any of these three elements, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of tampering with a governmental record, and you all agree the state has proved, beyond a reasonable doubt, all three elements rebutting the defense, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]