CAUSATION AND TRANSFERRED INTENT
(N.J.S.A.
2C:2-3) model jury charge
[CHARGE
IN ALL CASES]
Causation has a special meaning under the
law. To establish causation, the State
must prove two elements, each beyond a reasonable doubt:
First, but for the defendant's conduct,
the result in question would not have happened.
In other words, without defendant’s actions the result would not have
occurred.
[WHEN PURPOSEFUL OR KNOWING CONDUCT
INVOLVED]
Second, the actual result must have been
within the design or contemplation of the defendant. If not, it must involve the same kind of
injury or harm as that designed or contemplated, and must also not be too
remote, too accidental in its occurrence or too dependent on another’s
volitional act to have a just bearing on the defendant's liability or on the
gravity of his/her
offense.
[TRANSFERRED INTENT]
A defendant is not relieved of
responsibility for causing a result if the only difference between what
actually occurred and what was designed, contemplated or risked is that a
different person or property was injured or affected or that a less serious or
less extensive injury or harm occurred.
[WHEN RECKLESS OR NEGLIGENT CONDUCT
INVOLVED]
Second, [for reckless conduct] that the
actual result must have been within the risk of which the defendant was aware. If not, it must involve the same kind of
injury or harm as the probable result and must also not be too remote, too
accidental in its occurrence or too dependent on another’s volitional act to
have a just bearing on the defendant's liability or on the gravity of his/her
offense.
Second, [for negligent conduct] that the
actual result must have been within the risk of which the defendant should have
been aware. If not, it must involve the
same kind of injury or harm as the probable result and must also not be too
remote, too accidental in its occurrence or too dependent on another’s
volitional act to have a just bearing on the defendant's liability or on the
gravity of his/her
offense.
[TRANSFERRED
INTENT]
A defendant is not relieved of
responsibility for causing a result if the only difference between what
actually occurred and what was designed, contemplated or risked is that a
different person or property was injured or affected or that a less serious or
less extensive injury or harm occurred.
