Approved 12/13/99

AGGRAVATED ASSAULT - UNLAWFUL TAKING

OF A MOTOR VEHICLE

(N.J.S.A. 2C:12-1b(6))

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/she 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 defendant's conduct, and, second, that the bodily injury was a probable consequence of the defendant's 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 defendant's liability or the gravity of his offense.[3]


[1] N.J.S.A. 2C:11-1a.

[2] N.J.S.A. 2C:2-3e.

[3] State v. Martin, 119 N.J. 2 (1990).