2C:12-1b(6)) Model Jury charge

AGGRAVATED ASSAULT - WHILE FLEEING OR ATTEMPTING TO ELUDE A LAW ENFORCEMENT OFFICER (N.J.S.A.2C:12-1b(6))Model Jury charge 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 assault 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 guilty of this crime the State must prove the following elements beyond a reasonable doubt: 1.That defendant caused bodily injury to another person; and 2.That defendant did so while fleeing or attempting to elude a law enforcement officer in violation of the statute defining the eluding offense. Bodily injury is defined as physical pain, illness or any impairment of physical condition.[1]In order to find that the defendant caused bodily injury to (victim), you must find beyond a reasonable doubt, first, that (victim) would not have been injured but for defendants conduct, and, second, that the bodily injury was a probable consequence of the defendants 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 defendants liability or the gravity of his offense.[3] I have already instructed you on the crime of eluding, and you should apply those instructions here to determine whether the 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; and 2.That defendant did so while fleeing or attempting to elude a law enforcement officer in violation of the statute defining the eluding offense. If you are satisfied that the State has proven both of these elements beyond a reasonable doubt, then you must find the defendant guilty of aggravated 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. [1]N.J.S.A.2C:11-1a. [2]N.J.S.A.2C:2-3e. [3]State v. Martin, 119N.J.2 (1990). [4]This charge is drafted for the typical situation in which the predicate offense of eluding a law enforcement officer in violation ofN.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. https://www.njlaws.com/aggass7.html