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

Revised 6/11/18

AGGRAVATED ASSAULT – DIRECT CARE WORKER

(ATTEMPTING TO CAUSE OR PURPOSELY, KNOWINGLY OR

RECKLESSLY CAUSING BODILY INJURY)

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

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 attempts to cause or purposely,

knowingly or recklessly causes bodily i njury to a ny direct care worker at a

(State or county psychiatric hospital )(State developmental center )(Veterans'

Memorial Home), while clearly identifiable as being engaged in the duties

of providing direct patient care or practicing the health care profession,

provided that the actor is not a patient or resident at the facility who is

classified by the facility as having a mental illness or developmental

disability;

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 VICTI M was a direct care worker at a (State or county

psychiatric hospital)(State developmental center)(Veterans' Memorial Home);

4. That the defendant caused the bodily injury while NAME OF VICTIM was

clearly identifiable as being engaged in the duties of providi ng direct patient care

or practicing the health care profession; and

5. The defendant was not a ( patient)(resident) at the fa cility who was classified by

the facility as having a mental illness or developmental disability.

The first element that the State mu st 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

AGGRAVATED ASSAULT – DIRECT CARE WORKER

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

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 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 act s consciously, if he

comprehends his/her acts.

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. T he 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 t o

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 reas onable doubt by inferences which

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

AGGRAVATED ASSAULT – DIRECT CARE WORKER

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

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 direct care worker at a (State or county psychiatr ic hospital)(State

developmental center)(Veterans' Memorial Home).

A direct care worker means any person whose primary function is face-to-face interaction

with the patient or resident whereby the worker is providing therapeutic contact necessary to

achieve the patient or resident’s treatment goals. 3 The term includes any H uman Services

Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse;

nurse assistant; physical, occupational, or speech therapist; social worker, pr oviding patient or

resident therapeutic care in a (State or county psychiatric hospital)(State developmental

center)(Veterans' Memorial Home), or any other person so designated by the Adjutant General.4

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

defendant caused the bodily injury while NAME OF VICTIM was clearly identifiable as being

engaged in the duties of providing direct patient care or practicing the health care profession.

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

neither a patient nor a resident at the facility who was classified by the facility as having a mental

illness or developmental disability. In other words, the State must prove beyond a reasonable

doubt either (1) that the defendant was not a patient or resident at the facility, or, ( 2) if he/she

was a patient or resident, the n the State must prove that he/she was not classified by the facility

as having a mental illness or developmental disability in order to satisfy this element.

If 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. If you find that the State has

proved each element of the crime beyond a reasonabl e doubt, then you must find the defendant

guilty.

OPTION TWO (ATTEMPT TO CAUSE BODILY INJURY):

1. That the defendant attempted to cause bodily injury to NAME OF VICTIM;

2. That the defendant acted purposely;

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

seq.

3 See N.J.A.C. 10:37F-1.3

4 See N.J.S.A. 38A:3-2(b)(5)(h).

AGGRAVATED ASSAULT – DIRECT CARE WORKER

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

3. That ( NAME OF VICTIM ) was a direct care worker at a (State or county

psychiatric hospital)(State developmental center)(Veterans' Memorial Home);

4. That the defendant attempted to cause bodily injury while NAME OF VICTIM

was clearly identifiable as being engaged in the duties of providing direct patient

care or practicing the health care profession; and

5. The defendant was not a (patient)(resident) at the facility who was classified by

the facility as having a mental illness or developmental disability;

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

attempted to cause bodily injury to another.

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

condition.5

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

purposely attempted to cause bodily injury to NAME OF VICTIM (or another).

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 circum stances 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 does.

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

acting purposefully, he:

(select appropriate section)

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 the 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 inj ury without having to take any further

action.

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

AGGRAVATED ASSAULT – DIRECT CARE WORKER

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

(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 planne d 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 very

remote preparatory acts.6

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

VICTIM was a direct care worker at a (State or county psychiatric hospital )(State developmental

center)(Veterans' Memorial Home).

A direct care worker means any person whose primary function is face-to-face interaction

with the patient or resident whereby the worker is providing therapeutic contact necessary to

achieve the patie nt or resident’s treatment goals. 7 The term includes any H uman Services

Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse;

nurse assistant; physical, occupational, or speech therapist; social worker, providing pat ient or

resident therapeutic care in a (State or county psychiatric hospital)(State developmental

center)(Veterans' Memorial Home).8

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

defendant attempted to cause the bodily injury while NAME OF VICTIM was clearly

identifiable as being engaged in the duties of providing direct patient care or practicing the health

care profession.

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

defendant was neither a patient nor a resident at the facility who was classified by the facility as

having a mental illness or developmental disability. In other words, the State must prove beyond

a reasonable doubt either 1) that the defendant was not a patient or res ident at the facility, or, 2)

6 If renunciation of criminal purpose i s 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.

7 See N.J.S.A. 38A:3-2(b)(5).

8 See N.J.A.C. 10:37F -1.3. The term may also include any person so designated a direct care

worker by the Adjutant General of the New Jersey Department of Military and Veterans Affairs.

AGGRAVATED ASSAULT – DIRECT CARE WORKER

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

if he/she was a patient or resident, then the State must prove that he/she was not classified by the

facility as having a mental illness or developmental disability in order to satisfy this element.

If 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. If you find that the State has

proved each element of the crime beyond a reasonable doubt, then you must find the defendant

guilty.