N.J. Model Criminal Jury Charge, N.J.S.A. 2C:12-1.1

Revised 3/13/17

LEAVING THE SCENE OF AN ACCIDENT

RESULTING IN SERIOUS BODILY INJURY

(N.J.S.A. 2C:12-1.1)

The indictment charges the defendant with the offense of leaving the scene of an accident

resulting in serious bodily injury to another as follows:

(Read pertinent count of indictment)

The defendant is accused of violating a section of our state statutes that reads as follows:

A motor vehicle operator who knows that he is involved in an

accident and knowingly leaves the scene of that accident . . . shall

be guilty of a crime. . . if the accident results in serious bodily

injury to another person.

In order for you to find the defendant guilty of this offense, you must find that the State

has proved beyond a reasonable doubt each of the following elements:

1. That the defendant was operating a motor vehicle;

2. That the defendant was involved in an accident while operating that motor vehicle;

3. That the defendant knew that he/she was involved in an accident;

4. That the defendant knowingly left the scene of that accident under circumstances that

violated the provisions of the New Jersey Motor Vehicle Code [N.J.S.A. 39:4-129]1;

and

5. That the accident resulted in serious bodily injury to another person.

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

defendant was operating a motor vehicle . A motor vehicle includes all vehicles propelled

otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and

motorized bicycles.2

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

defendant was involved in an accident while operating that motor vehicle. An accident includes

a sudden event (such as a crash) that is not planned or intended and tha t causes damage or

injury.3

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

1 State v. Fisher, 395 N.J. Super. 533, 541 (App. Div. 2007).

2 N.J.S.A. 39:1-1.

3 State v. Sene, 443 N.J. Super. 134, 140 (App. Div. 2015), certif. denied, 224 N.J. 282 (2016).

LEAVING THE SCENE OF AN ACCIDENT

RESULTING IN SERIOUS BODILY INJURY

N.J.S.A. 2C:12-1.1

defendant knew that he/she was involved in an accident.

A person acts knowingly when he/she is aware that it is pra ctically certain that his/her

conduct will cause bodily injury. A person acts knowingly with respect to the nature of his/her

conduct or the attendant circumstances if he/she is aware that his/her conduct is of that nature, or

that such circumstances exist, or he/she is aware of the high probability of their existence. 4 A

person acts knowingly as to a result of his/her conduct if he/she is aware that it is pr actically

certain that his/her conduct will cause such a result. “Knowing,” “with knowledge,” or

equivalent terms have the same meaning.

Knowledge is a condition of the mind. It cannot be seen. It can only be determined by

inference from t he defendant’s conduct, words or acts. A state of mind is rarely susceptible of

direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the

State produce witnesses to testify that an accused said that he/she had a certain state of mind

when he/she did a particular thing. It is within your power to find that such proof has been

furnished beyond a reasonable doubt by inference which may arise from the nature of his/her

acts and conduct and from all he/she said an did at the particular time and place and from all

surrounding circumstances established by the evidence.

In other words, a person knows that he/she was involved in an accident if he/she is aware

that he/she was involved in an accident or is aware of a high probability that he/she was involved

in an accident. A person is involved in an accident when he/she is connected with the accident in

a natural or logical manner. 5,6 What is required is that the person’s actions contributed to the

accident, and the person knows of the causal relationship between his/her actions and the

accident.7

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

defendant knowingly left the scene of the accident under circumstances that violated the

provisions of the New Jersey Motor Vehicle Act [N.J.S.A. 39:4-129].

I have already d efined “knowingly” for you. A motorist knowingly leaves the scene of

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

5 Sene, 443 N.J. Super. at 143-44.

6 For an extended discussion of the meaning of the word “involved,” see Sene supra.

7 If appropriate given the facts of the case, the jury should be charged as follows: “ A person does not

need to actually make contact with the victim or the victim’s vehicle in order to be involved in the

accident.” Id. at 140-41.

LEAVING THE SCENE OF AN ACCIDENT

RESULTING IN SERIOUS BODILY INJURY

N.J.S.A. 2C:12-1.1

an accident if he/she is aware that he/she is leaving the scene of an accident or is aware of a high

probability that he/she is leaving the scene of an accident.

In order for the State to prove this element, it must prove beyond a reasonable doubt that

the defendant did not fulfill any of the following obligations that New Jersey law places on a

motorist who is involved in an accident:

(1) immediately stop his/her vehicle at the scene of the accident; or

(2) immediately stop his/her vehicle as close to the scene of the accident as possible and

return to the scene of the accident; or

(3) report all necessary information to the appropriate authorities in a timely manner.8

A motorist who fails to fulfill any of these obligations leaves the scene of an accident

under circumstances that violated the provisions of the New Jersey Motor Vehi cle Act [N.J.S.A.

39:4-129]. However, the State need not prove that the defendant knew of his/her legal obligation

to stop at or near the scene of the accident and report all necessary information so long as he/she

knew that he/she was involved in the accident.9

In this matter, the State alleges __________. [Charge if appropriate: The defendant,

on the other hand, asserts ________].

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

resulted in serious bodily injury to another person.

Serious bodily injury means bodily injury which creates a substantial risk of death or

which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily

member or organ.

10

The State need not prove that defendant knew that the accident had resulted in serious

bodily injury.

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 you find that t he State has failed to prove any element of the offense beyond a

reasonable doubt, then you must find the defendant not guilty.

8 If the sufficiency of the defendant’s stay at t he scene of the accident becomes an issue, please refer to

N.J.S.A. 39:4-129 (c), which specifies how long a motorist must remain at the scene of an accident. See

also Fisher, supra, 395 N.J. Super. at 545.

9 N.J.S.A. 39:4-129(e).

10 When appropriate, the jury should be instructed on causation. N.J.S.A. 2C:2-3.