N.J. Model Criminal Jury Charge, N.J.S.A. 2C:3-9c

Approved 3/30/82

RECKLESS OR NEGLIGENT INJURY OR RISK

OF INJURY TO INNOCENT PERSONS

(N.J.S.A. 2C:3-9c)

The defense has argued that the use of force against (Victim 1) was justified under the

law for the purpose of (insert one of the following):

Execution of public duty - 2C:3-3

Self-protection - 2C:3-4

Protection of other persons - 2C:3-5

Defense of premises or personal property - 2C:3-6

Law enforcement - 2C:3-7

Carrying out a special responsibility - 2C:3-8

The State has charged that in using force ag ainst (Victim 1) the defendant recklessly or

negligently injured or created a risk of injury to (Victim 2), an innocent person

.

A person is reckless in injuri ng or creating a risk of inju ry to an innocent person when

he/she consciously disregards a substantial and unjus tifiable risk that the injury or risk of injury

will result from his/her conduct. Th e risk must be of such a natu re and degree that, considering

the nature and purpose of the actor's conduct and the circumstances known to him/her, its

disregard involves a gross deviation from the standard of conduct that a reasonable-person would

observe in the actor's situation.1 In other words, if the defendant knew that it was very likely that

his/her use of force agains t (Victim 1) would injure or create a risk of injury to an innocent,

person, but he/she went ahead and used it anyway, where a reasonable person would not have

used force, then he/she acted recklessly.

A person is negligent 2 in injuring or creating a risk of injury to an innocent person when

he/she should be aware of a substant ial and unjustifiable risk that the injury or risk of injury will

result from his/her conduct. The risk must be of such a nature a nd degree that the actor's failure

to perceive it, considering th e nature and purpose of his/he r conduct and the circumstances

known to him/her, involves a gross deviation from the standard of ca re that a reasonable person

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

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

RECKLESS OR NEGLIGENT INJURY OR RISK

OF INJURY TO INNOCENT PERSONS

(N.J.S.A. 2C:3-9c)

would observe in the actor's situa tion. In other words, if it were very likely that the defendant's

use of force against (Vic tim 1) would injure or create a risk of injury to an innocent person, and

given the circumstances, the defendant should have known that, but he/she went ahead and used

force anyway, where a reasonable person would not have used force, then he/she acted

negligently.

If you find that the defendant, in using force against (Victim 1) was either reckless or

negligent in injuring or creating a risk of injury to (Victim 2), then the fact that the defendant

might have been justified under th e law in acting agains t (Victim 1) cannot be used as a defense

to the charges as to (Victim 2).