ASSAULT BY AUTO
OR VESSEL
(SERIOUS BODILY
INJURY – Third Degree
With
Lesser-included Fourth Degree Bodily Injury)
(N.J.S.A.
2C:12-1c(4)) model jury charge
The
defendant (name) is charged in count _____ of the indictment with the crime of
assault by [auto] [vessel].
(Read Appropriate Count of Indictment)
The
statute upon which this charge is based provides:
Assault by [auto]
[vessel] is a crime if the person purposely drives a vehicle in an aggressive
manner directed at another vehicle and serious bodily injury results.
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 the defendant drove a
vehicle;
2. That the
defendant drove the vehicle in an aggressive manner directed at another vehicle;
4. That serious bodily
injury resulted.
The
first element the State must prove beyond a reasonable doubt is that the
defendant drove a vehicle. In this case,
the State alleges that the [auto] [vessel] is a vehicle. (Charge appropriate: An auto is a means
of conveyance propelled other wise than by muscular power. A vessel means a means of conveyance for
travel on water and propelled otherwise than by muscular power.[2])
The
second element the State must prove beyond a reasonable doubt is that the
defendant drove the vehicle in an aggressive manner directed at another
vehicle. “Driving a vehicle in an
aggressive manner” includes, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.[3]
The
third element the State must prove beyond a reasonable doubt is that the
defendant acted purposely.
A
person acts purposely with respect to the nature of his/her conduct or a result of his/her conduct if it is his/her conscious object to engage in conduct of that nature or to cause
such a result. A person acts purposely
with respect to the attendant circumstances if he/she
is aware of the existence of such circumstances or he/she
believes or hopes that they exist. “With purpose,” “designed,” “with design” or
equivalent terms have the same meaning.[4]
Purpose is a state of the mind which cannot be
seen, and can only be determined by inference drawn from the defendant’s
conduct, words or acts as they have been presented in the evidence you have
heard and seen in this case. It is not necessary
that the State produce a witness or witnesses to testify that the defendant
stated, for example, that it was his/her purpose in driving a vehicle in an aggressive manner directed
at another vehicle. His/her purpose may be gathered from his/her acts and conduct, from all that he/she
said and did at the particular time and place, and from all the surrounding
circumstances reflected in the testimony [and adduced at trial].
The
fourth element that the State must prove beyond a reasonable doubt is that serious
bodily injury resulted. Serious bodily
injury is defined as bodily injury which creates a substantial risk of death or
which causes serious, permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.[5] Bodily injury is defined as physical pain,
illness or any impairment of physical condition.[6]
[If causation is an issue, charge the following: In order to find that
the defendant caused (name of victim(s))’s injury (or injuries), you must find
that (the victim(s)) would not have been injured but for the defendant’s
conduct.[7]]
If
you find that the State has proven every element of the crime of assault by
[auto] [vessel] causing serious bodily injury beyond a reasonable doubt, then
you must find the defendant guilty.
If
you find that the State has failed to prove any element of assault by [auto]
[vessel] causing serious bodily injury beyond a reasonable doubt then you must
find the defendant not guilty and go on to consider the crime of assault by
[auto] [vessel] causing bodily injury.
The
law requires that the Court instruct the jury with respect to a possible
(lesser) included offense, even if it is not contained in the indictment. Just because the Court is instructing you
concerning these offenses does not mean that the Court has any opinion one way
or another about whether the defendant committed these, or any, offenses. You should consider this offense along with
those for which the defendant is indicted.
However, you are not to render a verdict on this offense or answer the
questions on the verdict sheet unless you find that the State has failed to
meet its burden of proof with regard to the offense(s) in the indictment.
In
order to find the defendant guilty of the crime of assault by [auto] [vessel]
causing bodily injury, the State must prove the following elements beyond a
reasonable doubt:
1. That the
defendant drove a vehicle;
2. That the defendant drove the
vehicle in an aggressive manner directed at another
vehicle;
3. That the
defendant acted purposely;
4. That bodily
injury resulted.
As
you can see, the first three elements of this crime are the same as
before. I have already defined these
three elements for you. The fourth
element the State must prove beyond a reasonable doubt is that bodily injury
resulted. I have already defined bodily
injury for you but will repeat it again.
Bodily injury is defined as physical pain, illness or any impairment of
physical condition.[8]
If
you find that the State has proven every element of the crime of assault by
[auto] [vessel] causing bodily injury beyond a reasonable doubt, then you must
find the defendant guilty.
If
you find that the State has failed to prove any element of assault by [auto]
[vessel] causing bodily injury beyond a reasonable doubt then you must find the
defendant not guilty.
[1] Please
note that this statute is specifically limited to purposeful conduct. N.J.S.A. 2C:12-1c(1) is a
reckless conduct statute, however, the Model
Criminal Jury Charge Committee does not believe that N.J.S.A. 2C:12-1c(1)
is a lesser included offense of this crime.
[2] Please
note that N.J.S.A. 2C:12-1c(4) does not define the term “auto.” It does specifically define the term vessel
as just noted in the charge. N.J.S.A.
2C:11-5d, Death by Auto or Vessel, defines both auto or vessel as “all means of
conveyance propelled other wise than by muscular power.” It would seem prudent to
define auto in this section in compliance with that in N.J.S.A.
2C:11-5d.
[3] N.J.S.A. 2C:12-1c(4).
[4] N.J.S.A.
2C:2-2b.
[5] N.J.S.A.
2C:11-1b.
[6] N.J.S.A.
2C:11-1a.
[7] N.J.S.A.
2C:2-3a(1). If foreseeable result is an
issue, then N.J.S.A. 2C:2-3b should be charged.
[8] N.J.S.A.
2C:11-1a.