N.J. Model Criminal Jury Charge, N.J.S.A. 2C:12-1c

Approved 6/14/04

ASSAULT BY AUTO OR VESSEL

(SERIOUS BODILY INJURY, WITHOUT DRUNK DRI VING OR REFUSAL)

(N.J.S.A. 2C:12-1c)

The defendant (Name) is charged in count _____ with the crime of assault by auto [or vessel].

The indictment alleges:

(READ APPROPRIATE COUNT OF INDICTMENT)

The statute upon which this charge is based provides:

A person is guilty of assault by auto [or vessel] when the

person drives a vehicle [or vessel] recklessly and

causes...serious bodily injury...to another.

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 was driving a vehicle [or

vessel];

1

2. That defendant caused serious bodily injury to

(name victim); and

3. That defendant caused such serious bodily injury

by driving the vehicle [or vessel] recklessly.

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

.2

Serious bodily injury is defined as bodily injury wh ich creates a substantial risk of death or which

1 N.J.S.A. 2C:12-1c provides: "As used in this section, 'vessel' means a means of conveyance for travel

on water and propelled otherwise than by muscular power."

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

ASSAULT BY AUTO OR VESSEL

(Serious

Bodily Injury, Without Drunk Driving Or Refusal)

(N.J.S.A. 2C:12-1c)

causes serious, permanent disfigurement, or protracted loss or impairment of the function of any

bodily member or organ.

3

In order to find that defendant caused (victim 's) injury, you must find that (victim) would not

have been injured but for defendant's conduct.4

A person acts recklessly when he/she conscious ly disregards a substantial and unjustifiable

risk that serious bodily injury will result from his/he r conduct. The risk must be of such a nature and

degree that, considering the natu re and purpose of the defendant's conduct and the circumstances

known to him/her, disregard of the risk involves a gross deviation from the standard of conduct that a

reasonable person would observe in the defendant's situation.

In other words, in order for you to find the defendant drove a vehicle [or vessel] recklessly,

the State must prove beyond a reasonable doubt th at the defendant was aware that he/she was

operating a vehicle [or vessel] in such a manner or under such circumstances as to create a substantial

and unjustifiable risk of serious bodily injury to another. The State must also prove beyond a

reasonable doubt that the defendant consciously disregarded this risk and that the disregard of the risk

was a gross deviation from the way a reasonable person would have co nducted himself/herself in the

situation.

Recklessness is a condition of the mind that cannot be seen and that can often be determined

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

witness to testify that the defendant stated that he/she acted with a particular state of mind. It is within

3 N.J.S.A. 2C:11-1b.

4 N.J.S.A. 2C:2-3a(1). If proximate cause is an issue, N.J.S.A. 2C:2-3c should be charged.

ASSAULT BY AUTO OR VESSEL

(Serious Bodily Injury, Without Drunk Driving Or Refusal)

(N.J.S.A. 2C:12-1c)

your power to find that proof of recklessness 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.

[WHERE A VIOLATION OF THE MOTOR VEHICLE STATUTES

IS ALLEGED, ADD THE FOLLOWING]

The State alleges that the defendant'

s conduct in volved [a] violation[s] of the motor vehicle

laws of this State. Specifically, it is alleged that the defendant [list motor vehicle violations alleged

and their elements]. Whether he/she is guilty or not of that [those] offense[s] will be determined by

an appropriate court.

5 In other words, it is not your job to decide whether he/s he is guilty or not

guilty of the motor vehicle offense[s]. However, you may consider the evidence that he/she

committed [a] motor vehicle offense[s] in deciding whether he/she was reckless.

[CHARGE IN ALL CASES]

In conclusion, the three elements of the crime of assault by auto [or vessel] are:

1. That the defendant was driv ing a vehicle [or vessel];

2. That the defendant caused serious b odily injury to (name victim); and

3. That the defendant caused such serious bodily injury by driving the vehicle [or

vessel] recklessly.

If you are satisfied that the State has proven each and every one of these elements beyond a

reasonable doubt, then you must find the defendant guilty of assault by auto [or vessel]. However, if

the State has failed to prove any element be yond a reasonable doubt, then you must find the

defendant not guilty of assault by auto [or vessel].

5 State v. Muniz, 118 N.J. 319 (1990).