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

Approved 12/13/99

AGGRAVATED ASSAULT - UNLAWFUL TAKING

OF A MOTOR VEHICLE

(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 operating a motor vehicle in violation of

[another statute defining the offe nse of unlawful taking of a motor

vehicle]...

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 opera ting a motor vehicle in violation

of the statute defining the unlawful taking of a motor vehicle.

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 bod ily injury was a probable cons equence 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 - UNLAWFUL

TAKING OF A MOTOR VEHICLE

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

A person violates the statute defining the unl awful taking of a motor vehicle for these

purposes if he/she, with purpose to withhold te mporarily from the owner, operates a motor

vehicle without the consent of the owner or other person authorized to give consent.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 opera ting a motor vehicle in violation

of the statute defining the unlawful taking of a motor vehicle.

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

doubt, then you must find the defendant guilty of a ggravated assault. 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 N.J.S.A. 2C:20-10b.