N.J. Model Criminal Jury Charge, N.J.S.A. 2C:11-5.2

Approved 3/14/16

LEAVING THE SCENE OF A BOATING ACCIDENT

RESULTING IN SERIOUS BODILY INJURY

(N.J.S.A. 2C:11-5.2)1

The indictment charges the defendant with the offense of leaving the scene of a boating

accident resulting in the death of another as follows:

(Read pertinent count of indictment)

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

Whenever any vessel . . . is involved in an accident upon the

waters of this State, and the operator of that vessel knows he is

involved in an accident and knowingly leaves the scene of that

accident . . . that actor shall be guilty of a cri me . . . 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 proven beyond a reasonable doubt each of the following elements:

1. the defendant was operating a vessel

2. the vessel was involved in an accident

3. the accident was upon the waters of this State

4. the defendant knew he/she was involved in an accident

5. the defendant knowingly left the scene of that accident under

circumstances that violate N.J.S.A. § 12:7-34.46; and

6. the accident resulted in serious bodily injury to another person

The first element that the State must prove beyond a reason able doubt is that the

defendant was operating a vessel. A vessel is defined as a boat or watercraft, other than a sea

plane on the water, used or capable of being used as a means of transportation on water.2

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

operated by defendant was involved in an accident.

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

was upon the waters of this State. On the waters of this State me ans all waters within the

jurisdiction of this State, both tidal and nontidal, and the marginal sea adjacent to this State to a

distance of three nautical miles from the shoreline.3

1 This charge shou ld be used for the third -degree crime where the accident is alleged to have

resulted in serious bodily injury to another person.

2 N.J.S.A. § 12:7-71.

3 Id.

LEAVING THE SCENE OF A BOATING ACCIDENT

RESULTING IN SERIOUS BODILY INJURY

N.J.S.A. 2C:11-5.2

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

defendant knew he/she was involved in an accident. 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, o r he/she is aware of a high probability of their

existence. 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.

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

defendant knowingly left the scene of that accident under circumstances that violate N.J.S.A. §

12:7-34.46. Under that statutory provision, a vessel operator who knows that he/she is involved

in an accident must, so far as he/she can do so without serious danger to his/her own passengers,

guests, crew, himself/herself or his/her vessel, render to all other persons affected by the accident

such assistance as may be n ecessary in order to save them from or to minimize any danger

caused by the accident. 4 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.

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

accident resulted in serious bodily injury to another person.5 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. The State need

not prove that defendant knew that the accident had resulted in serious bodily injury.6

It is not a defense to the charge that the defendant was unaware of the serious bodily

injury or of the obligations of a vessel operator under New Jersey law as I have just explained to

you.7

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 the State has failed to prove any element of the offense beyond a

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

4 N.J.S.A. § 12:7-34.46(a).

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

6 N.J.S.A. 2C:11-5.2e.

7 N.J.S.A. 2C:11-5.2e.