2C:12-1b(6)) Model Jury charge |
AGGRAVATED ASSAULT - UNLAWFUL TAKING
OF A MOTOR VEHICLE
(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 operating a motor vehicle in violation of [another statute defining the offense of unlawful taking of a motor vehicle]...
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 operating 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 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]
A person violates the statute defining the unlawful taking of a motor vehicle for these purposes if he/she, with purpose to withhold temporarily 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;
and
2.That defendant did so while operating a motor vehicle in violation of the statute defining the unlawful taking of a motor vehicle.
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.
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Monday, June 3, 2019
2C:12-1b(6)) Model Jury charge
