AGGRAVATED ASSAULT - UNLAWFUL TAKING OF A MOTOR VEHICLE (N.J.S.A.2C:12-1b(6))Model Jury charge NJ

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

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 countwith 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 ifhe/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. [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]N.J.S.A.2C:20-10b.