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

Revised 6/5/06

ASSAULT AT A YOUTH SPORTS EVENT

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

Defendant is charged in count __________ of this indictment with assault at a youth

sports event. Defendant is charged with violating a provision of our law that provides that:

A person who commits a simple assault... in the presence of

a child under 16 years of age at a school or community

sponsored youth sports event is guilty of a crime...

In order for you to convict the defendant of this offense , the State must prove the

following elements beyond a reasonable doubt:

1. That the defendant committed a simple assault;

2. That the simple assault occurred at a school or community sponsored youth sports

event;

3. That the simple assault occurred in the presence of a child under 16 years of age at a

school or community sponsored youth sports event.

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

defendant committed a simple assault.

[CHARGE APPROPRIATE SUBSECTION OF SIMPLE ASSAULT

N.J.S.A. 2C:12-1a, as facts warrant]

1. CHARGE IF SIMPLE ASSAULT, N.J.S.A. 2C:12-1a(1) is alleged:

A person commits a simple assault if he attempts to cause or purposely, knowingly or

recklessly causes bodily injury to another. In order for you to find the defendant committed a

simple assault, the State must prove, beyond a reasonable doubt:

1. That the defendant attempted to cause or actually caused bodily injury to another.

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

ASSAULT AT A YOUTH SPORTS EVENT

N.J.S.A. 2C:12-1f

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

condition.

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 e xistence 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 ac ts knowingly with respect to causing bodily in jury 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 r espect 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.

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 pe rson 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

ASSAULT AT A YOUTH SPORTS EVENT

N.J.S.A. 2C:12-1f

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 dou bt by inferences which

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

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.1

[IF AN ATTEMPT IS ALLEGED, CHARGE APPROPRIATE

MODEL CHARGE ON ATTEMPT, N.J.S.A. 2C:5-1]

OR

2. CHARGE IF SIMPLE ASSAULT, N.J.S. A. 2C:12-1a(2) is alleged:

A person commits a simple assault if he negligently causes bodily injury to another with

a deadly weapon. In order for you to find the defendant committed a simple assault, the State

must prove, beyond a reasonable doubt

1. that the defendant caused bodily injury to another;

2. that the defendant caused the bodily injury by use of a deadly weapon;

3 that the defendant acted negligently.

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

condition of another.

1 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.

ASSAULT AT A YOUTH SPORTS EVENT

N.J.S.A. 2C:12-1f

Deadly Weapon is defin ed as any firearm 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.

A person acts negligen tly with respect to causing bodily injury when he/she should be

aware of 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 tha t the actor's failure to perceive

it, considering the nature and purpose of his/her conduct and the circumstance known to him/her,

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

the actor's situation. A person is said to act negligently if the person acts with carelessness, when

compared to how a reasonable person should act under the circumstances as they exist at the time

of the assault.2

OR

SIMPLE ASSAULT, N.J.S.A. 2C:12-1a(3) (SUBSTANTIAL STEP)3:

A person commits a simple assault if he attempts, by physical menace, to put another in

fear of imminent serious bodily injury.

In order for you to find the defendant committed a simple assault, the State must prove,

beyond a reasonable doubt:

1. that the defendant purposely attempted to put (NAME OF VICTIM ) in fear of

imminent serious bodily injury.

2. that the defendant did so by physical menace.

2 State v. Brown, 228 N.J.Super 211 (App Div 1988), rev'd on other grounds 118 N.J. 595 (1990).

3 This charge is applicable to an attempt under a "substantial step" theory. N.J.S.A. 2C:5-1a(3). If the facts of

the case warrant, the charge should be tailored to address the appropriat e attempt theory. See N.J.S.A. 2C:5-1a.

ASSAULT AT A YOUTH SPORTS EVENT

N.J.S.A. 2C:12-1f

The first element that the State must prove is whether the defendant purposely attem pted

to put the (NAME OF VICTIM) in fear of imminent serious bodily injury.

An attempt occurs, in the context of this charge, if the defendant purposely does or omits

to do anything which, under the circumstances as a reasonable person would b elieve them to be,

is an act or omission constituting a substantial step in the course of conduct planned to culminate

in his/her putting the victim in imminent fear of serious bodily injury.

In order to find that the defendant attempted to put another in fear of imminent serious

bodily injury, you must find that he/she did so purposely.

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

thereof if it is his/her conscious obje ct to engage in conduct of that nature or to cause such a

result. A person acts purposely with respect to attendant circumstances if he/she is aware of the

existence of such circumstances or he/she believes or hopes that they exist.

Purpose is a condition 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

put the victim in fear of imminent bodily injury. It is within your power to find that proof of

purpose has been furnished beyond a reasonable doubt by inferences which may arise from the

nature of the acts and the surrounding circumstances.

To find the that the defendant committed a simple assault by attempting to put (NAME

OF VICTIM) in imminent fear of serious bodily injury by physical menace, th e State must

prove beyond a reasonable doubt that the defendant had the purpose to put the victim in

imminent fear of serious bodily injury. The State must also prove beyond a reasonable doubt

that the defendant purposely did or omitted to do anything, which, under the circumstances as a

ASSAULT AT A YOUTH SPORTS EVENT

N.J.S.A. 2C:12-1f

reasonable person would believe them to be, is an act or omission that is a substantial step in the

course of conduct planned to culminate in his/her putting the victim in fear of imminent serious

bodily injury. However, the step taken must strongly show the defendant’s criminal purpose.

That is, the step taken must be substantial and not just a very remote preparatory act, and must

show that the accused has a firmness of criminal purpose.

Serious bodily injury means bodily injury which creates a substantial risk of de ath or

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

of any bodily member or organ.

Imminent means likely to happen without delay.4

The State must prove beyond a reasonable doubt that the defendant attempt ed to put the

victim in imminent fear of serious bodily injury by means of physical menace. Physical menace

is accomplished through an act or acts which are physically threatening acts. 5 Words alone are

insufficient to constitute physical menace.

RESUMPTION OF MAIN CHARGE:

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

simple assault occurred at a school or community sponsored youth sports event.

A school or community sponsored youth sports event means a competition, practice or

instructional event involving one or more interscholastic sports teams or youth sports teams

organized pursuant to a nonprofit or similar charter or which are member teams in a youth league

4 Cf. the Model Charge for terroristic threats (N.J.S.A. 2C:12-3b).

5 The 1971 Model Commentary to the Proposed Criminal Code stated that 2C:12-1a(3) codified preexisting

New Jersey law. See State v. Drayton, 114 N.J.Super. 490 (App. Div. 1971) and cases cited therein for treatment of

how physical menace was interpreted prior to the enactment of Title 2C.

ASSAULT AT A YOUTH SPORTS EVENT

N.J.S.A. 2C:12-1f

organized by or affiliated with a county or municipal recreation department. This term does not

include collegiate, semi-professional or professional sporting events.6

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

defendant committed the simple assault in the presence of a child unde r 16 years of age at a

school or community sponsored youth sports event.7

It shall not be a defense to this charge that the defendant did not know that a child under

16 years of age was present or that the defendant belie ved a child who was pre sent was 16 years

of age or older, even if such belief was reasonable.

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 t o

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

not guilty.

6 N.J.S.A. 2C:12-1f

7 Trial courts should note that N.J.S.A. 2C:12-1f does not define "presence." Specific language addressing

the meaning of presence should be included in any instruction if the facts and circumstances of the case warrant.