ASSAULT BY AUTO
OR VESSEL
(SERIOUS BODILY
INJURY - Third Degree)
(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 hope 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 the 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] beyond a reasonable doubt, then you must find the defendant
guilty. If you find that the State has
failed to prove any element of this crime beyond a reasonable doubt, then you
must find the defendant not guilty of assault by [auto] [vessel].
[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 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.