2C:2-3. Causal Relationship Between Conduct and Result; Divergence Between Result Designed, Contemplated or Risked and Actual Results.
a. Conduct is the cause of a result when:
(1) It is an antecedent but for which the result in question would not have occurred; and
(2) The relationship between the conduct and result satisfies any
additional causal requirements imposed by the code or by the law
defining the offense.
b. When the offense requires that the defendant purposely or
knowingly cause a particular result, the actual result must be within
the design or contemplation, as the case may be, of the actor, or, if
not, the actual result must involve the same kind of injury or harm as
that designed or contemplated and not be too remote, accidental in its
occurrence, or dependent on another's volitional act to have a just
bearing on the actor's liability or on the gravity of his offense.
c. When the offense requires that the defendant recklessly or
criminally negligently cause a particular result, the actual result must
be within the risk of which the actor is aware or, in the case of
criminal negligence, of which he should be aware, or, if not, the actual
result must involve the same kind of injury or harm as the probable
result and must not be too remote, accidental in its occurrence, or
dependent on another's volitional act to have a just bearing on the
actor's liability or on the gravity of his offense.
d. A defendant shall not be 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.
e. When causing a particular result is a material element of an
offense for which absolute liability is imposed by law, the element is
not established unless the actual result is a probable consequence of
the actor's conduct.
L.1978, c. 95, s. 2C:2-3, eff. Sept. 1, 1979.
