N.J. Model Criminal Jury Charge, N.J.S.A. 2C:12-1b(5)(a),(b),(c),(d),(e),(f),(g)

Revised 12/3/01

AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT OFFICER

(NEGLIGENT INFLICTION OF BODILY INJURY

WITH A DEADLY WEAPON)

(N.J.S.A. 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g)1

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 a ssault if he . . . (n)egligently

causes bodily injury to . . . with a deadly weapon . . . to . . . (a)ny

law enforcement officer acting in the performance of (his/her)

duties while in uniform or e xhibiting evidence of (his/her)

authority or because of (his/her ) status as a law enforcement

officer.

For you to find the defendant guilty of this offense, the State must prove each of the

following elements beyond a reasonable doubt:

1. that the defendant negl igently caused bodily injury (insert name of

victim);

2. that the defendant caused bodily injury with a deadly weapon;

3. that (insert name of victim) was a law-enforcement officer; and

4a. that the defendant knew that (insert name of victim) was a law-enforcement officer

2 acting in the performance of (his/her) duties or while

in uniform or exhibiting evidence of (his/her) authority;3 or

4b. that the defendant knew that (insert name of victim) was a law-

1 This charge is drafted for the most common situation, where a defendant is charged with aggravated assault

upon a law enforcement officer under N.J.S.A. 2C:12-1b(5)(a). Other sections of the statute apply, with differing

language, to aggravated assault upon paid and volunteer firemen; emergency first-aid and medical personnel; school

board members, school administrators, teachers and other employees of a school board; employees of the Division

of Youth and Family Services; the judiciary; and bus drivers and railroad employees. N.J.S.A

. 2C:12-1b(5)(b) to (g).

As always, the Model Charge must be adapted to fit the facts of each case.

2 State v. Green, 318 N.J. Super. 361, 376 (App. Div. 1999), aff’d o.b., 163 N.J. 140 (2000) (the defendant

must know that the victim is a law-enforcement officer).

3 If transferred intent is an issue, the charge should be modified accordingly. State in the Interest of S.B., 333

N.J. Super. 236, 243 (App. Div. 2000).

AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT

OFFICER (NEGLIGENT INFLICTION OF BODILY

INJURY WITH A DEADLY WEAPON)

N.J.S.A. 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g)

enforcement officer 4 and purposely committed the act against (him/her)

because of (him/her) status as a law-enforcement officer.

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

defendant negligently caused bodily injury to (insert name of victim).

Bodily injury means physical pain, illne ss or any impairment of physical condition.5

A person acts negligently with respect to a material element of an offense, such as the

infliction of bodily injury, when he/she should be aware of a s ubstantial and unju stifiable risk

that the material element exists or will result fr om his/her conduct. The risk must be of such a

nature and degree that the actor’s failure to perceive it, considering the nature and purpose of the

actor's conduct and the circumstances known to the actor, involves a gross deviation from the

standard of conduct that a reasonable person would observe in the actor's situation.

Negligence is a condition of the mind that cannot be se en and that can often be

determined only from inferences from conduct, words or acts. It is not n ecessary for the State to

produce a witness to testify that th e defendant stated that he/she ac ted with a particular state of

mind. It is within your power to find that proof of negligence has been furnished beyond a

reasonable doubt by inferences that may arise from the nature of the acts and circumstances

surrounding the conduct in question.

For you to find that the defendant caused bodily injury to (insert name of victim) , the

State must prove beyond a reasonable doubt that he /she would not have been injured but for the

defendant’s conduct.

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

defendant used a deadly weapon to cause bodily injury to (insert name of victim).

A deadly weapon is any fi rearm or other weapon, device, instrument, material or

substance, whether animate or inanimate, which in the manner it is used or is intended to be

used, is known to be capable of producing death or serious bodily injury, or which in the manner

it is fashioned would lead the victim reasonably to believe it to be capable of producing death or

4 State v. Green, supra.

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

6 N.J.S.A. 2C:2-3a(1). If causation is contested, a fuller explanation of causation may be needed. N.J.S.A.

2C:2-3.

AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT

OFFICER (NEGLIGENT INFLICTION OF BODILY

INJURY WITH A DEADLY WEAPON)

N.J.S.A. 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g)

serious bodily injury.7

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

name of victim) was a law-enforcement officer.

A law-enforcement officer is any person who is employed as a permanent full-time

member of any State, county or municipal law- enforcement agency, department or division of

those governments and who is stat utorily empowered to act for the detection, investigation,

arrest, conviction, detention or rehabilitation of persons violating the criminal laws of this state.8

The fourth element that the State mu st prove beyond a reasonable doubt is:

a. that the defendant knew that (insert name of victim) was a law-enforcement

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

exhibiting evidence of (his/her) authority; or

b. that the defendant knew that (insert name of victim) was a law-enforcement

officer and purposely committed the act against (him/her) because of (his/her)

status as a law-enforcement officer.

A person acts purposely with respect to the nature of his/her conduct or a result thereof if

it is a person's conscious object to engage in conduct of that nature or to cause such a result. 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.

9

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances 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 hi gh 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 such a result. One is said to act knowingly if one acts with

knowledge, if one acts consciously, if he/she comprehends his/her acts.

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7 N.J.S.A. 2C:11-1c.

8 N.J.S.A. 40A:14-152.2.

9 N.J.S.A. 2C:2-2b(1).

10 N.J.S.A. 2C:2-2b(2).

AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT

OFFICER (NEGLIGENT INFLICTION OF BODILY

INJURY WITH A DEADLY WEAPON)

N.J.S.A. 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g)

Like negligence, purpose and knowledge are conditions of the mind that cannot be seen

and that can often be determined only from inferences from conduct, words or acts.

If you find that the State has proven every element beyond a reasonable doubt, then you

must find the defendant guilty. If, however, the State has failed to prove any element beyond a

reasonable doubt, then you must find him/her not guilty.

(Where appropriate charge simple assault as a lesser offense.)

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11 N.J.S.A. 2C:12-1a.