2C:12-1.
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 Child Protection and
Permanency 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 v. 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. Proof that the defendant was operating a hand-held wireless
telephone while driving a motor vehicle in violation of section 1 of P.L.2003,
c.310 (C.39:4-97.3) may give rise to an inference that the defendant was
driving recklessly.
(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.
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