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