N.J. Model Criminal Jury Charge, N.J.S.A. 2C:12-1b(5)(h)

Approved 10/26/15

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

(ATTEMPTING TO CAUSE OR PURPOSELY, KNOWINGLY OR

RECKLESSLY CAUSING BODILY INJURY)

N.J.S.A. 2C:12-1b(5)(h)

Count of this indictment charges the defendant with aggravated assault.

(Read appropriate count of indictment)

The defendant is accused of violating a law that provides, in pertinent part:

A person is guilty of aggravated assault if he/she attempts to cause or

purposely, knowingly or recklessly causes bodily i njury to any (Department

of Corrections Employee)(County Corrections Officer)(Juvenile Corrections

Officer)(State Juvenile Facility Employee )(Juvenile Detention staff

member)(Juvenile Detention officer )(Probation Officer )(Sheriff,

undersheriff, or sheriff's officer ) acting in the performance of his /her duties

while in uniform or exhibiting evidence of (his/her) authority or because of

(his/her) status as a (Department of Corrections Employee )(County

Corrections Officer )(Juvenile Corrections Officer )(State Juvenile Facility

Employee)(Juvenile Detention staff member )(Juvenile Detention

officer)(Probation Officer)(Sheriff, undersheriff, or sheriff's officer).

In order for you to find the defendant guilty of this charge, the State must prove each of

the following elements beyond a reasonable doubt:

(CHARGE AS APPROPRIATE)

OPTION ONE (Causing Bodily Injury)

1. That the defendant did cause bodily injury to (NAME OF VICTIM);

2. That the defendant acted purposely or knowingly or recklessly in

causing bodily injury to (NAME OF VICTIM);

3. That ( NAME OF VICTIM ) was a (Department of Corrections

Employee)(County Corrections Officer)(Juvenile Corrections

Officer)(State Juvenile Facility Employee)(Juvenile Detention staff

member)(Juvenile Detention officer)(Probation Officer)(Sheriff,

undersheriff, or sheriff's officer);

4. That the defendant knew (NAME OF VICTIM ) was a (Department of

Corrections Employee)(County Corrections Officer)(Juvenile

Corrections Officer)(State Juvenile Facility Employee)(Juvenile

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

Attempting to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury

N.J.S.A. 2C:12-1b(5)(h)

Detention staff member)(Juvenile Detentio n officer)(Probation

Officer)(Sheriff, undersheriff, or sheriff's officer);

5. That (NAME OF VICTIM) was a (Department of Corrections

Employee)(County Corrections Officer )(Juvenile Corrections

Officer)(State Juvenile Facility Employee )(Juvenile Detention sta ff

member)(Juvenile Detention officer )(Probation Officer )(Sheriff,

undersheriff, or sheriff's officer ) acting in the performance of (his/her)

duties or while in uniform or exhibiting evidence of (his/her) authority

-or-

That the defendant acted because the (NAME OF VICTIM ) was a

(Department of Corrections Employee )(County Corrections

Officer)(Juvenile Corrections Officer )(State Juvenile Facility

Employee)(Juvenile Detention staff member )(Juvenile Detention

officer)(Probation Officer)(Sheriff, undersheriff, or sheriff's officer);

The first element that the State must prove beyond a reasonable doubt is the defendant

caused bodily injury to another.

Bodily injury is defined as physical pain, illness or any impairment of the physical

condition.1

The second element that the State must prove beyond a reasonable doubt is the defendant

acted purposely or knowingly or recklessly in causing bodily injury to (NAME OF VICTIM).

A person acts purposely with respect to causing bodily injury to another if it is a person's

conscious object to cause bodily injury to another. A person acts purposely with respect to

attendant circumstances if a person is aware of the existence of such circumstances or a person

believes or hopes that they exist. One can be deemed to be acting purposely if one acts with

design, with a purpose, with a particular object, if one really means to do what he/she does.

A person acts knowingly with respect to causing bodily injury if a person is aware that

his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high

probability of their existence. A person acts knowingly with respect to a result of his/her

conduct if a person is aware that it is practically certain that his/her conduct will cause bodily

injury. One is said to act knowingly if one acts with knowledge, if one acts consciously, if

he/she comprehends his/her acts.

1 N.J.S.A. 2C:11-1(a).

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

Attempting to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury

N.J.S.A. 2C:12-1b(5)(h)

A person acts recklessly with respect to causing bodily injury when a person consciously

disregards a substantial and unjustifiable risk that the material element exists or will result from

his/her conduct. The risk must be of such a nature and degree that, considering the nature and

purpose of the actor's conduct and the circumstances known to the actor its disregard involves a

gross deviation from the standard of conduct that a reasonable person would observe in the

actor's situation. One is said to act recklessly if one acts with recklessness , with scorn for the

consequences, heedlessly, foolhardily.

The nature of the purpose or knowledge or recklessness with which the defendant acted

toward the victim of the assault is a question of fact for you the jury to decide. Purpose and

knowledge and recklessness are conditions of the mind which cannot be seen and can only be

determined by inferences from conduct, words or acts. It is not necessary for the State to produce

a witness or witnesses who could testify that the defendant stated, for example , that his/her

purpose was to cause bodily injury. It is within your power to find that proof of purpose or

knowledge or recklessness has been furnished beyond a reasonable doubt by inferences which

may arise from the nature of the acts and the surrounding circumstances.2

The third element that the State must prove beyond a reasonable doubt is that (NAME

OF VICTIM ) was a ( Department of Corrections Employee )(County Corrections

Officer)(Juvenile Corrections Officer )(State Juvenile Facility Empl oyee)(Juvenile Detention

staff member )(Juvenile Detention officer )(Probation Officer )(Sheriff, undersheriff, or sheriff's

officer).

The fourth element that the State must prove beyond a reasonable doubt is that the

defendant knew that the (NAME OF VICTIM ) was a ( Department of Corrections

Employee)(County Corrections Officer )(Juvenile Corrections Officer )(State Juvenile Facility

Employee)(Juvenile Detention staff member )(Juvenile Detention officer )(Probation

Officer)(Sheriff, undersheriff, or sheriff's officer).

A person acts knowingly with respect to causing bodily injury if a person is aware that

2 If causation is an issue, the jury should be instructed on causation. See N.J.S.A. 2C:2-3a(1) et.

seq.

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

Attempting to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury

N.J.S.A. 2C:12-1b(5)(h)

his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high

probability of their existence. A person acts kno wingly with respect to a result of his/her

conduct if a person is aware that it is practically certain that his/her conduct will cause bodily

injury. One is said to act knowingly if one acts with knowledge, if one acts consciou sly, if he

comprehends his/her acts.

The fifth element that the State must prove beyond a reasonable doubt is that

(CHOOSE APPROPRIATE)

(NAME OF VICTIM) was a (Department of Corrections Employee )(County Corrections

Officer)(Juvenile Corrections Officer )(State Juvenile Facility Employee )(Juvenile Detention

staff member )(Juvenile Detention officer )(Probation Officer )(Sheriff, undersheriff, or sheriff's

officer) acting in the performance of (his/her) duties or while in uniform or exhibiting evide nce

of (his/her) authority.

-OR-

The defendant acted because the (NAME OF VICTIM ) was a (Department of Corrections

Employee)(County Corrections Officer )(Juvenile Corrections Officer )(State Juvenile Facility

Employee)(Juvenile Detention staff member )(Juvenile Detention officer )(Probation

Officer)(Sheriff, undersheriff, or sheriff's officer);

(RESUME MAIN CHARGE-CHARGE IN ALL CASES)

If you find that the State has proved each element of the offense beyond a reasonable

doubt, then you must find the defendant gu ilty. If, however, you find that the State has failed to

prove any element of the offense beyond a reasonable doubt, then you must find the defendant

not guilty.

OPTION TWO (ATTEMPT TO CAUSE BODILY INJURY):

1. That the defendant attempted to cause bodily inj ury to NAME OF

VICTIM;

2. That the defendant acted purposely;

3. That ( NAME OF VICTIM ) was a (Department of Corrections

Employee)(County Corrections Officer)(Juvenile Corrections

Officer)(State Juvenile Facility Employee)(Juvenile Detention staff

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

Attempting to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury

N.J.S.A. 2C:12-1b(5)(h)

member)(Juvenile Detention officer)(Probation Officer)(Sheriff,

undersheriff, or sheriff's officer);

4. That the defendant knew (NAME OF VICTIM ) was a (Department of

Corrections Employee)(County Corrections Officer)(Juvenile

Corrections Officer)(State Juvenile Facility E mployee)(Juvenile

Detention staff member)(Juvenile Detention officer)(Probation

Officer)(Sheriff, undersheriff, or sheriff's officer);

5. That (NAME OF VICTIM) was a (Department of Corrections

Employee)(County Corrections Officer )(Juvenile Corrections

Officer)(State Juvenile Facility Employee )(Juvenile Detention staff

member)(Juvenile Detention officer )(Probation Officer )(Sheriff,

undersheriff, or sheriff's officer ) acting in the performance of (his/her)

duties or while in uniform or exhibiting evidence of (his/her) authority

-or-

That the defendant acted because the (NAME OF VICTIM ) was a

(Department of Corrections Employee )(County Corrections

Officer)(Juvenile Corrections Officer )(State Juvenile Facility

Employee)(Juvenile Detention staff member )(Juvenile De tention

officer)(Probation Officer)(Sheriff, undersheriff, or sheriff's officer);

The first element that the State must prove beyond a reasonable doubt is the defendant

attempted to cause bodily injury to another.

Bodily injury is defined as physical pai n, illness or any impairment of the physical

condition.

The second element the state must prove beyond a reasonable doubt is the defendant

purposely attempted to cause bodily injury to NAME OF VICTIM.

A person acts purposely with respect to causing bodily injury if it is a person's conscious

object to cause bodily injury. A person acts purposely with respect to attendant circumstances if

a person is aware of the existence of such circumstances or a person believes or hopes that they

exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a

particular object, if one really means to do what he/she does.

The law provides that a person attempts to commit the crime of assault, in this context, if,

acting purposefully, he/she:

(Select appropriate section)

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

Attempting to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury

N.J.S.A. 2C:12-1b(5)(h)

1. Engaged in conduct that would constitute the offense if the attendant

circumstances were as a reasonable person would believe them to be;

(or)

2. Did (or omitted to do) anything with th e purpose of causing bodily injury

to another without further conduct on his/her part. This means that the

defendant(s) did something designed to cause bodily injury without having

to take any further action.

(or)

3. Did (or omitted to do) anything that, under the circumstances as a

reasonable person would believe them to be, was an act (or omission)

constituting a substantial step in a course of conduct planned to culminate

in his commission of the crime.

The step taken must be one that is strongly corroborative of the defendant’s criminal

purpose. The accused must be shown to have had a firmness of criminal purpose in light of the

step(s) he/she had already taken. These preparatory steps must be substantial and not just v ery

remote preparatory acts.3

The third element that the State must prove beyond a reasonable doubt is that (NAME

OF VICTIM ) was a ( Department of Corrections Employee )(County Corrections

Officer)(Juvenile Corrections Officer )(State Juvenile Facility Employ ee)(Juvenile Detention

staff member )(Juvenile Detention officer )(Probation Officer )(Sheriff, undersheriff, or sheriff's

officer).

The fourth element that the State must prove beyond a reasonable doubt is that the

defendant knew that the (NAME OF VICTIM ) was a ( Department of Corrections

Employee)(County Corrections Officer )(Juvenile Corrections Officer )(State Juvenile Facility

Employee)(Juvenile Detention staff member )(Juvenile Detention officer )(Probation

Officer)(Sheriff, undersheriff, or sheriff's officer).

A person acts knowingly with respect to causing bodily injury if a person is aware that

his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high

3 If renunciation of criminal purpose is alleged, see N.J.S.A. 2C:5-1(d), that portion of the Model

Jury Charge on Attempt regarding renunciation should also be charged.

AGGRAVATED ASSAULT - UPON CERTAIN CORRECTIONS PERSONNEL

Attempting to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury

N.J.S.A. 2C:12-1b(5)(h)

probability of their existence. A person acts knowi ngly with respect to a result of his/her

conduct if a person is aware that it is practically certain that his/her conduct will cause bodily

injury. One is said to act knowingly if one acts with knowledge, if one acts consciously, if

he/she comprehends his/her acts.

The fifth element that the State must prove beyond a reasonable doubt is that:

(CHOOSE APPROPRIATE)

(NAME OF VICTIM) was a (Department of Corrections Employee )(County

Corrections Officer )(Juvenile Corrections Officer )(State Juvenil e Facility Employee )(Juvenile

Detention staff member )(Juvenile Detention officer )(Probation Officer)(Sheriff, undersheriff, or

sheriff's officer) acting in the performance of (his/her) duties or while in uniform or exhibiting

evidence of (his/her) authority.

-OR-

The defendant acted because the (NAME OF VICTIM ) was a (Department of

Corrections Employee)(County Corrections Officer)(Juvenile Corrections Officer)(State Juvenile

Facility Employee )(Juvenile Detention staff member )(Juvenile Detention officer )(Probation

Officer)(Sheriff, undersheriff, or sheriff's officer);

(RESUME MAIN CHARGE - CHARGE IN ALL CASES)

If you find that the State has proved each element of the offense beyond a reasonable

doubt, then you must find the defendant guilty. If, however, you find that the State has failed to

prove any element of the offense beyond a reasonable doubt, then you must find the defendant

not guilty.