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NJ Laws Email Newsletter E392

Greetings Kenneth Vercammen,

A special thanks goes out to the over 100 attendees of Kenneth Vercammens St. Patricks Day Party which was held at Bar A in Belmar on March 16, 2012. Stay tuned for details on Kenneth Vercammens Annual Summer Blast which will also be held at Bar A! 1. US Supreme Court rules Lab Report Not Admissible in DWI Case.Bullcoming v New Mexico131 S. Ct. 2705 (2011) The Sixth Amendments Confrontation Clause gives the accused [in all criminal prosecutions, . . . the right . . . to be confronted with the witnesses against him. In Crawford v. Washington, 541 U. S. 36, 59, this Court held that the Clause permits admission of [testimonial statements of witnesses absent from trial . . . only where the declarant is unavailable, and only where the defendant has had a prior opportunity to cross-examine. Later, inMelendez-Diaz v. Massachusetts,557 U. S. ___, the Court declined to create a forensic evidence exception to Crawford, holding that a forensic laboratory report, created specifically to serve as evidence in a criminal proceeding, ranked as testimonial for Confrontation Clause purposes. Absent stipulation, the Court ruled, the prosecution may not introduce such a report without offering a live witness competent to testify to the truth of the reports statements. The Confrontation Clause, the opinion concludes, does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performance of the test reported in the certification. The accuseds right is to be confronted with the analyst who made the certification, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist. Short video:http://www.youtube.com/watch?v=L4narMtN7es More law videos at the NJ LawsTube: http://www.youtube.com/user/kvercammen/videos 2.Proposal would make Possession of Small Amount of Pot a Civil Offense A bill introduced in Trenton would decriminalize and ease the penalties for simple possession of marijuana. Current New Jersey law makes possession of 50 grams or less of the drug a disorderly persons offense. The bill,A-4252, would subject possessors of 15 grams or less of marijuana to civil penalties only, collected by the municipality where the offense takes place. The proposed penalties are $150 for a first violation, $200 for a second and $500 for a third or subsequent one. The measure also would amend N.J.S.A. 2B:12-17 to establish the new offenses as subject to municipal court jurisdiction. Source: NJLJ Daily Briefing 3. Contesting a Will Can Be Extremely Difficult When a will is contested, it usually means that one or more family members feel they have been unfairly cut out or shortchanged. According to Bizactions, the process varies from state to stateand it must be done within certain time limits or the opportunity is lost. Court Upheld Will that Cut Out Relatives A Rhode Island court upheld a womans will that ignored her nieces and nephews and left most of her assets to a home caregiver she only knew for 18 months. Her relatives sought to invalidate the will alleging a lack of testamentary capacity and undue influence. Facts of the case. Ann Marie Picillo was already frail and receiving in-home hospice care when she changed her will, according to court documents. She contacted an attorney, Richard Walsh, who represented her in a variety of matters over 18 years and asked him to come to her home. However, Walsh was unable to execute a new will that day. Picillo was anxious to complete her will and summoned another attorney. The second attorney decided against preparing the will citing concerns about testamentary capacity, as well as the possible undue influence. Walsh, her original attorney, then came to the home and met privately with Picillo. Although previous drafts of her will created charitable trusts for animals, Picillo told the attorney her wishes had changed. She now wanted to leave her the bulk of her assets to her employee-caregiver, Cristina Castellanos. The two women met when Picillo was hospitalized and Castellanos was a nursing assistant. After hiring her, Picillo moved the caregiver and her sons to an apartment she owned, sent the children to camp, bought them a dog and spent time with the family. Picillo suffered from several conditions including rheumatoid arthritis. She was immobile, emaciated, had one leg amputated, and was prescribed morphine for pain.Several witnesses testified that Picillo raved about her relationship with Castellanos. Without her care, Picillo told Walsh, she would certainly be in a nursing home -- which she vehemently opposed. Her feelings for Castellanos were in contrast to the animosity Picillo expressed for her nieces and nephews. Both attorneys testified Picillo wanted them out of her will. While the reasons for the negative feelings werent clear, the court found two incidents enlightening. The first was when a nephew living with Picillo wouldnt feed her in the mornings. The second was when a niece left her alone for a weekend without food, sitting in her own waste.After Picillo met with Walsh, he quickly executed a new will. She died 10 days later. The court found Walshs testimony credible, pointing to his long relationship with Picillo, his 24 years of experience practicing law, and the fact he completed more than 200 wills. The court stated there was a true and caring relationship between the caregiver and Picillo, that she had testamentary capacity and there was no undue influence. Her will is a reflection of the relationships she built during her lifetime, the court added and the relationships she most appreciated as her demise became inevitable. (Estate of Picillo, R.I. Superior Court, KP2007-1217, 4/26/11) The expected natural manner, which means to spouses, children and other blood relatives. If a will is changed shortly before death to give everything to a neighbor or a new acquaintance, family members are likely to mount a challenge.However, it can be extremely difficult to successfully contest a will. Courts are reluctant to interfere with the wishes of deceased individuals and require substantial evidence to overturn a will. The goal of courts is to determine testators true intentions. (For an example of one case in which a court upheld a will executed 10 days before a woman died, see the right-hand box.)Here are the basic reasons a will can be contested: 1. Undue Influence. Was the decedent pressured or influenced during the drafting of the will by someone in a position to benefit from it? One way this might be proved is with the existence of an earlier will that was significantly different. For example, a father signs a will naming his daughter and his son as equal beneficiaries of his estate. He gives copies to both children. Ten years later, the father becomes ill and moves in with his daughter. She restricts her brother from seeing him. A short time later, the father dies and the brother finds out that the will was secretly rewritten with all assets going to his sister. He challenges the will on the grounds that his father was unduly influenced and the prior will should be reinstated. The brother claims he was prevented from seeing his father. However, the sister argues that she took care of the father and the brother ignored him. That is her understanding of why the father changed his will. 2. Lack of Capacity. Was the decedent mentally able to understand what he or she was signing? Could the person identify his or her assets and their value? Did he or she know the family members? Challenges can occur when individuals are sick, weak, and heavily medicated. But merely being in failing health is not enough to successfully contest a will. Courts look at the facts and circumstances to determine if a person was mentally competent. Even someone with Alzheimers disease can be shown to be in a lucid state at the moment a will was executed. To show capacity, medical records are important. In some cases, a letter is secured from a doctor at the time a will is executed stating that the person signing a will is mentally competent. Additional witnesses (more than legally necessary) can be present at the signing of the will to provide further evidence that the testator had the necessary capacity. 3. Improper Execution. Was the will signed? Was the signature a forgery? Was there fraud involved? Were the required number of disinterested witnesses in the room when the will was signed? Were the required questions asked in front of the witnesses? A will can be contested if it is not properly executed. In fact, a court may determine on its own that a will is invalid and not acceptable for probate if formalities were not complied with, including the lack of an affidavit of attesting witnesses. Having an attorney supervise a will provides the presumption that a will was properly executed. Ways to Help Minimize the Chance of a Will Contest If you are concerned there may be a dispute over yourestate someday, proper drafting and execution of the willcan go a long way toward making sure your wishes are ultimately carried out.In addition, you may be able to move assets into a trust or vehicles that pass outside of a will, such as a revocable living trust. You may also want to: Insert a no contest or in terrorem provision into your will that states that if any named beneficiary in contests or seeks to invalidate it because of undue influence or lack of capacity, the person will be disinherited (although this depends on the laws of the state). Consult with your attorney about specific, proactive steps you should take to ensure your wishes are carried out. Source:http://www.bizactions.com/n.cfm/page/e100/key/194991651G2286J3007507P31P3439T1/ 4. Community Events in April April 14 Edison Elks Installation April 25 ICLE Nuts and Bolts of Elder Law - NJ Law Center Charity Running races: April 21 Runapoloza Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party April 22 Stomp the Monster 5K Marlboro, NJ. The USAT-certified5K goes off at 10:30.The event includes a festival featuring beer, food and fun after the race April 28 Lake Como 5k 10:00 free food and reduced price drinks Bar A after race April 28 Hugs for Brady 6pm April 29 Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century - 7:30 AM, $45.00 40 Mile 6 Towns of Franklin -http://www.franklinfoodbank.org/events/registra_tour.htm

E398 NJ LAWS EMAIL NEWSLETTER

NJ Laws Email Newsletter E398 Kenneth Vercammen, Attorney at Law    June 6, 2012

Office Phone Number:       (732) 572-0500       www.njlaws.com  In This Issue: 1. State should present some proof of jurisdiction of court 2. Join the NJ State Bar Association NJSBA and Receive for Free the Daily Briefing as a Member Benefit. 3. To Do Before Summer: Review Your Estate Plan By Susan M. Green, Esquire, Begley E-Lert Editor 4. Welcome Summer Law Students 5. If You Are Hurt In An Accident, We Can Help 6. Fun Upcoming Charity Running Races 2012 7. Tables Available to Borrow. 8. Thank You for Your Referrals and Positive Comments!

Greetings Kenneth Vercammen,    1. State should present some proof of jurisdiction of court. State v Sylvia 424 NJ Super. 395 (App. Div. 2012)     Defendant was found guilty of driving while under the influence, N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. On appeal to the Law Division, defendant first challenged the territorial jurisdiction of the municipal court. The Appellate Division concluded that the claim should be assessed under the standards applicable in criminal prosecutions as set forth in State v. Denofa 187 N.J. 24, 44, 46 (2006). In this case the court found the evidence of jurisdiction adequate. 2. Join the NJ State Bar Association NJSBA and Receive for Free the Daily Briefing as a Member Benefit.     The NJ Law Journal & NJSBA will email daily updates in cases. To join the NJSBA as an attorney member, or Associate member contact NJSBA Member Services at 732-249-5000 ext. 2300. More benefits can be found at www.njsba.com.               We also subscribe to the New Jersey Law Journal to receive more detailed case squibs. The unreported case squibs below are examples of NJSBA Law Journal member benefits. To subscribe to the NJ Law Journal call 973-642-0075. 3. To Do Before Summer: Review Your Estate Plan   By Susan M. Green, Esquire Begley E-Lert Editor      It's that time of year again - vacation season! The pre-vacation To Do list keeps getting longer and longer: pack a swimsuit, stop the mail for the week, ask neighbors to water the flowers, set up transportation to the airport. But before you leave for some fun in the sun, add one more item to your To Do list - review your estate plan. Sometimes we become so busy getting ready for relaxation and family time that we overlook the reality that with increased travel comes increased risk. Unfortunately, travel accidents occur everyday, and it would be remiss to neglect to ensure that your affairs are in order before leaving for your trip. Parents of Minor Children It is essential that couples with young children have estate plans in place to deal with the unlikely, but possible, scenario that both parents pass away, leaving their children orphaned. Name preferred guardians. In your will, you have the opportunity to name the individuals whom you would wish to act as a legal guardian of your child(ren) in the event that you and your spouse have both passed away. It is important to note that naming someone does not guarantee that the individual will definitely act as guardian of your child(ren). That individual must accept the guardianship. Further, a court has the authority to name another individual if there is an appropriate reason to do so. Create trusts for minors' inheritances. A second important action for parents of minors is to provide in their wills that any inheritance received by a minor be held in trust. The parents must also choose and name a trustee to administer these funds until the child reaches a specified age. An individual or a corporate trustee may be named; however, many corporate trustees will refuse to accept trusteeship of trust funds under certain amounts. Successor Executors and Trustees Many people, whether or not they have minor children, will name only one executor, typically a spouse. It is essential to name successor executors because it is inevitable that one spouse will predecease the other. Once the surviving spouse passes away, someone must be named to administer that estate. Further, a successor executor must be in place in case the primary executor, while still alive, becomes incapacitated or unable to fulfill his or her executorial duties. We typically recommend naming at least two successor executors to provide for these contingencies. As noted previously, when setting up a trust, it is essential to name a trustee. As with executors, it is necessary to name one or more successor trustees. Advance Directives and Powers of Attorney Before leaving for summer vacation, you should also make sure that your advance directives and powers of attorney are up to date. These documents operate while you are still alive, but you are incapacitated and unable to make your own decisions. In the advance directive, you should clarify your preferences for the provision or withdraw of life-sustaining treatment. In the healthcare power of attorney and general durable power of attorney, you should name an agent, as well as successor agents, to act in your stead if you are unable to do so. Update Existing Documents Even if you already have documents in place, review them. Circumstances change. Children and grandchildren are born, elderly relatives pass away, or individuals may develop disabilities. You may have purchased a vacation home in another state or received a large inheritance. All of these life changes, as well as changes in laws, affect your estate plan. Documents ought to be reviewed annually to ensure that everything is in order... then, it's time to enjoy that vacation! Source: Tom Begley, III Begley Law Group, 509 South Lenola Road, Building 7, Moorestown, NJ 08057.  Tom Begley, Esq. and Kenneth Vercammen, Esq. have lectured together at many legal seminars over the years. 4. Welcome Summer Law Students: Kenneth Vercammen and Associates welcomes the following summer law students who are working on legal matters, community seminars, and are updating the Blog: Ashley Murphy Ms. Murphy received her Bachelor's Degree from Seton Hall University in Liberal Arts, majoring in Political Science. She will be entering her 3rd year at Widener University School of Law. Dipa Patel Ms. Patel received her Bachelor's Degree from Rutgers' University in Liberal Arts, majoring in Political Science and Economics. She will be entering her 3rd year at Florida Coastal School of Law. She speaks fluently in Gujarati. Kylie Cohen Ms. Cohen received her Bachelor's Degree from Seton Hall University in Liberal Arts, majoring in Philosophy, Fine Arts, and Spanish. She will be entering her 2nd year at Seton Hall University School of Law. Jay Patel Mr. Patel has received his Bachelor's Degree from Rutgers' University in Liberal Arts, majoring in Political Science. He will be entering his 2nd year at Widener University School of Law. He speaks fluently in Gujarati. Jesse Long Mr. Long just graduated Muhlenberg College in May of 2012, receiving a Bachelor's Degree in Liberal Arts, majoring in Politcal Science. He also minored in Business Administration. Morgan Lobello Mr. Lobello received his Bachelor's Degree from La Salle University in Liberal Arts, majoring in Criminal Justice. He will be entering 3rd year at Roger Williams University School of Law. Ryan Amberger Mr. Amberger received his Bachelor's Degree from Wagner College in Liberal Arts majoring in Business Administration with a concentration in Finance. He will be entering his 2nd year at Rutgers School of Law-Newark. Taylor Votek Ms. Votek is entering her junior year as an undergraduate at The University of Miami. She is studying Political Science and Economics with a minor in English and plans to go to law school upon graduation.  5. If You Are Hurt In An Accident, We Can Help          If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation. 6. Fun Upcoming Charity Running Races 2012 June 9, 2012   LavaLove Triathlon, Lavallette Jersey Shore Tri Club 6:40am men June 9, 2012  JSRC Pre Father's Day 5K, 9:00 Allenhurst/Ocean Mike W race director 9am June 10, 2012 Metuchen Fuce 5k   8:30   June, 12, 2012Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park 7pm June 16, 2012  George Sheehan Classic now 5k, 8:30 Red Bank jsrc.org June 16, 2012  Summer Sunrise 8:30 Quality CJRR event June 17, 2012 Long Branch Triathlon #1 Long Branch, Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sandyhookers.org June 18, 2012  PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party June 23, 2012  Rumson Hash's 10 mile, 10 bar- Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. They start at 10:17 at the Long Branch Train Station, then stop at Bars in Long Branch, Deal, Loch Arbour, Asbury Park, Ocean Grove, Bradley Beach and Belmar. Finish at Bar A  7. Tables Available to Borrow.    Having a party, First Communion, Graduation?    Friends can borrow our Folding Tables, wooden folding chairs, coolers.  I had my first summer party back when I was in college. I have accumulated tables and other social event items. We keep these tables, etc in the garage at the law office. If you wish to borrow, just call office to arrange time to pick up. Just bring back clean and don't break them. 732-572-0500  [already borrowed for June 15-17] 8. Thank You for Your Referrals and Positive Comments!          Kenneth Vercammen, Esq. would like to thank all those clients and friends who referred their family and friends to us last month! Kenneth Vercammen & Associates, P.C. prides itself on doing the very best it can for you, and those closest to you.              Editorial Assistance provided by Ashley Murphy.

2C:12-1 Assault.

2C:12-1 Assault.
 
Assault. a. Simple assault.  A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

b.Aggravated assault.  A person is guilty of aggravated assault if he:

(1)Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3)Recklessly causes bodily injury to another with a deadly weapon; or

(4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5)Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a)Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b)Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c)Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d)Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e)Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f)Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g)Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or

(h)Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i)Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

(j)Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or

(k)Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or

(6)Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10.  Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

(7)Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8)Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion.  For purposes of this subsection, "emergency services personnel" shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer.  Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or

(9)Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority.  As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b. (11) is a crime of the third degree.

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.  Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing.  Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(4)Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results.  For purposes of this paragraph, "driving a vehicle in an aggressive manner" shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

d.A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

e.(Deleted by amendment, P.L.2001, c.443).

f.A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree.  The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age.  It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older.  The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event.  As used in this act, "school or community sponsored youth sports event" means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.