(N.J.S.A. 2C:12-1b(6))
The defendant (Name) is charged in count with the crime of aggravated assault. The indictment alleges:
(READ APPROPRIATE COUNT OF INDICTMENT)
The statute upon which this charge is based provides:
A person is guilty of aggravated assault if he/she 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
1 N.J.S.A. 2C:11-1a.
2 N.J.S.A. 2C:2-3e.
3 State v. Martin, 119 N.J. 2 (1990).
AGGRAVATED ASSAULT - UNLAWFUL
TAKING OF A MOTOR VEHICLE
(N.J.S.A. 2C:12-1b(6))
Page 2 of 2
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.
4 N.J.S.A. 2C:20-10b.
