N.J. Model Criminal Jury Charge, N.J.S.A. 2C:2-3

Approved 6/10/13

CAUSATION AND TRANSFERRED INTENT

(N.J.S.A. 2C:2-3)

[CHARGE IN ALL CASES]

Causation has a special meaning under the law. To establish causation, the State must prove

two elements, each beyond a reasonable doubt:

First, but for the defendant's conduct, the result in question would not have happened. In

other words, without defendant’s actions the result would not have occurred.

[WHEN PURPOSEFUL OR KNOWING CONDUCT INVOLVED]

Second, the actual result must have been within the design or contemplation of the defendant.

If not, it must involve the same kind of injury or harm as that designed or contemplated, and must

also not be too remote, too accidental in its occurrence or too dependent on another’s volitional act to

have a just bearing on the defendant's liability or on the gravity of his/her offense.

[TRANSFERRED INTENT]

A defendant is not relieved of responsibility for causing a result if the only difference

between what actually occurred and what was designed, contemplated or risked is that a different

person or property was injured or affected or that a less serious or less extensive injury or harm

occurred.

[WHEN RECKLESS OR NEGLIGENT CONDUCT INVOLVED]

Second, [for reckless conduct] that the actual result must have been within the risk of which

the defendant was aware. If not, it must involve the same kind of injury or harm as the probable

result and must also not be too remote, too accidental in its occurrence or too dependent on another’s

volitional act to have a just bearing on the defendant's liability or on the gravity of his/her offense.

Second, [for negligent conduct] that the actual result must have been within the risk of which

the defendant should have been aware. If not, it must involve the same kind of injury or harm as the

probable result and must also not be too remote, too accidental in its occurrence or too dependent on

another’s volitional act to have a just bearing on the defendant's liability or on the gravity of his/her

offense.

[TRANSFERRED INTENT]

A defendant is not relieved of responsibility for causing a result if the only difference

CAUSATION AND TRANSFERRED INTENT

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

between what actually occurred and what was designed, contemplated or risked is that a different

person or property was injured or affected or that a less serious or less extensive injury or har m

occurred.