N.J. Model Criminal Jury Charge, N.J.S.A. 2C:12-1b(6)

Approved 12/13/99

AGGRAVATED ASSAULT - WHILE FLEEING OR

ATTEMPTING TO ELUDE A LAW ENFORCEMENT OFFICER

(N.J.S.A. 2C:12-1b(6))

The defendant (Name) is charged in count with the crime of aggravated assault.

The indictment alleges:

(READ APPROPRIATE COUNT OF INDICTMENT)

The statute upon which this charge is based provides:

A person is guilty of aggravated as sault if he causes bodily injury

to another person while fleeing or attempting to elude a law

enforcement officer in violation of [another statute defining the

offense of eluding]...

In order for you to find the defendant guilt y of this crime the State must prove the

following elements beyond a reasonable doubt:

1. That defendant caused bodily injury to another person;

a n d

2. That defendant did so while fleeing or attempting to elude a law

enforcement officer in violati on of the statute defining the eluding

o f f e n s e .

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

condition.

1 In order to find that the defendant caus ed bodily injury to (victim), you must find

beyond a reasonable doubt, first, th at (victim) would not have b een injured but for defendant's

conduct, and, second, that the bodily injury wa s a probable consequence of the defendant’s

conduct.2 A probable consequence is one which is not too remote, accidental in its occurrence or

too dependent on the conduct of another to have a just bearing on defendant's liability or the

gravity of his offense.

3

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

2 N.J.S.A. 2C:2-3e.

3 State v. Martin, 119 N.J. 2 (1990).

AGGRAVATED ASSAULT - WHILE FLEEING OR

ATTEMPTING TO ELUDE A LAW ENFORCEMENT OFFICER

N.J.S.A. 2C:12-1b(6)

I have already instructed you on the cr ime of eluding, and you should apply those

instructions here to determine whether th e State has proven beyond a reasonable doubt that

defendant was fleeing or attempting to elude a law enforcement officer.4

In conclusion, the two elements the State must prove beyond a reasonable doubt are:

1. That defendant caused bodily injury to another person;

a n d

2. That defendant did so while fl eeing or attempting to elude a law

enforcement officer in violati on of the statute defining the eluding

o f f e n s e .

If you are satisfied that th e State has proven both of these elements beyond a reasonable

doubt, then you must find the defenda nt guilty of aggravated assa ult. However, if you are not

convinced that each of the elements has been proven beyond a reasonable doubt, then you must

find the defendant not guilty.

4 This charge is drafted for the typical situation in which the predicate offense of eluding a law enforcement

officer in violation of N.J.S.A. 2C:29-2b will also have been charged in the indictment. In other situations, the

charge will have to be modified to incorporate the eluding charge in full.