AGGRAVATED ASSAULT - UNLAWFUL TAKING
OF A MOTOR VEHICLE
(N.J.S.A. 2C:12-1b(6))
(READ APPROPRIATE COUNT OF INDICTMENT)
The
statute upon which this charge is based provides:
A
person is guilty of aggravated assault if he causes bodily injury to another
person while operating a motor vehicle in violation of [another statute
defining the offense of unlawful taking of a motor vehicle]...
In
order for you to find the defendant guilty of this crime the State must prove
the following elements beyond a reasonable doubt:
1. That defendant caused bodily injury to
another person;
and
2. That defendant did so while operating a
motor vehicle in violation of the statute defining the unlawful taking of a
motor vehicle.
Bodily
injury is defined as physical pain, illness or any impairment of physical
condition.[1] In order to find that the defendant caused
bodily injury to (victim), you must find beyond a reasonable doubt, first, that
(victim) would not have been injured but for defendant's conduct, and, second,
that the bodily injury was a probable consequence of the defendant's conduct.[2] A
probable consequence is one which is not too remote, accidental in its
occurrence or too dependent on the conduct of another to have a just bearing on
defendant's liability or the gravity of his offense.[3]
A person violates the statute defining the unlawful
taking of a motor vehicle for these purposes if he/she, with
purpose to withhold temporarily from the owner, operates a motor vehicle
without the consent of the owner or other person authorized to give consent.[4]
In
conclusion, the two elements the State must prove beyond a reasonable doubt
are:
1. That defendant caused bodily injury to
another person;
and
2. That defendant did so while operating a
motor vehicle in violation of the statute defining the unlawful taking of a
motor vehicle.
If
you are satisfied that the State has proven both of these elements beyond a
reasonable doubt, then you must find the defendant guilty of aggravated
assault. However, if you are not
convinced that each of the elements has been proven beyond a reasonable doubt,
then you must find the defendant not guilty.
