ASSAULT AT A YOUTH SPORTS
EVENT
(N.J.S.A. 2C:12-1f)
Defendant is charged in
count __________ of this indictment with
assault at a youth sports event.
Defendant is charged with violating a
provision of our law that provides that:
A person who commits a simple
assault... 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...
In order for you to convict
the defendant of this offense, the State
must prove the following elements beyond
a reasonable doubt:
1.
That the defendant committed a
simple assault;
2.
That the simple assault occurred
at a school or community sponsored youth
sports event;
3.
That the simple assault occurred
in the presence of a child under 16
years of age at a school or community
sponsored youth sports event.
The first element that the
State must prove beyond a reasonable
doubt is that the defendant committed a
simple assault.
[CHARGE APPROPRIATE SUBSECTION OF SIMPLE
ASSAULT
N.J.S.A. 2C:12-1a, as facts
warrant]
1. CHARGE IF SIMPLE ASSAULT,
N.J.S.A. 2C:12-1a(1) is alleged:
A person commits a simple assault if he
attempts to cause or purposely,
knowingly or recklessly causes bodily
injury to another. In order for you to
find the defendant committed a simple
assault, the State must prove, beyond a
reasonable doubt:
1. That the defendant attempted to
cause or actually caused bodily injury to
another.
2. That the defendant acted
purposely, or knowingly or recklessly.
Bodily injury is defined as physical pain,
illness or any
impairment of the physical condition.
A person acts purposely with respect to
causing bodily injury if it is a person's
conscious object to cause bodily injury. A
person acts purposely with respect to
attendant circumstances if a person is aware
of the existence of such circumstances or a
person believes or hopes that they exist.
One can be deemed to be acting purposely if
one acts with design, with a purpose, with a
particular object, if one really means to do
what (he/she) does.
A person acts knowingly with respect to
causing bodily injury if a person is aware
that (his/her) conduct is of that nature, or
that such circumstances exist or a person is
aware of a high probability of their
existence. A person acts knowingly with
respect to a result of (his/her) conduct if
a person is aware that it is practically
certain that (his/her) conduct will cause
bodily injury. One is said to act knowingly
if one acts with knowledge, if one acts
consciously, if (he/she) comprehends
(his/her) acts.
A person acts recklessly with respect to
causing bodily injury when a person
consciously disregards a substantial and
unjustifiable risk that the material element
exists or will result from (his/her)
conduct. The risk must be of such a nature
and degree that, considering the nature and
purpose of the actor's conduct and the
circumstances known to the actor its
disregard involves a gross deviation from
the standard
of conduct that a reasonable person would
observe in the
actor's situation. One is said to act
recklessly if one acts with recklessness,
with scorn for the consequences, heedlessly,
foolhardily.
The nature of the purpose or knowledge or
recklessness with which the defendant acted
toward the victim of the assault is a
question of fact for you the jury to decide.
Purpose and knowledge and recklessness are
conditions of the mind which cannot be seen
and can only be determined by inferences
from conduct, words or acts. It is not
necessary for the State to produce a witness
or witnesses who could testify that the
defendant stated, for example, that
(his/her) purpose was to
cause bodily injury.
It is within your power to find that proof
of purpose or knowledge or recklessness has
been furnished beyond a reasonable doubt by
inferences which may arise from the nature
of the acts and the surrounding
circumstances.
For you to find that the defendant caused
bodily injury to (insert name of victim),
the State must prove beyond a reasonable
doubt that (he/she) would not have been
injured but for the defendant’s conduct.
[IF AN ATTEMPT IS ALLEGED, CHARGE
APPROPRIATE
MODEL CHARGE ON ATTEMPT, N.J.S.A.
2C:5-1]
OR
2. CHARGE IF SIMPLE ASSAULT,
N.J.S. A. 2C:12-1a(2) is alleged:
A person commits a simple assault if he
negligently causes bodily injury to another
with a deadly weapon. In order for you to
find the defendant committed a simple
assault, the State must prove, beyond a
reasonable doubt
1. that the defendant caused bodily
injury to another;
2. that the defendant caused the
bodily injury by use of a deadly weapon;
3 that the defendant acted
negligently.
Bodily Injury is defined as physical pain,
illness, or any impairment of the physical
condition of another.
Deadly Weapon is defined as any firearm or
other weapon, device, instrument, material
or substance, whether animate or inanimate,
which in the manner it is used or is
intended to be used is known to be capable
of producing death or serious bodily injury.
A person acts negligently with
respect to causing bodily injury when he/she
should be aware of a substantial and
unjustifiable risk that the material element
exists or will result from his/her conduct.
The risk must be of such a nature and degree
that the actor's failure to perceive it,
considering the nature and purpose of
his/her conduct and the circumstance known
to him/her, involves a gross deviation from
the standard of care that a reasonable
person would observe in the actor's
situation. A person is said to act
negligently if the person acts with
carelessness, when compared to how a
reasonable person should act under the
circumstances as they exist at the time of
the assault.
OR
SIMPLE ASSAULT, N.J.S.A. 2C:12-1a(3)
(SUBSTANTIAL STEP):
A person commits a simple assault if he
attempts, by physical menace, to put another
in fear of imminent serious bodily injury.
In order for you to find the defendant
committed a simple assault, the State must
prove, beyond a reasonable doubt:
1. that the defendant purposely
attempted to put (NAME OF VICTIM) in
fear of imminent serious bodily injury.
2. that the defendant did so by
physical menace.
The first element that the State
must prove is whether the defendant
purposely attempted to put the (NAME OF
VICTIM) in fear of imminent serious
bodily injury.
An attempt occurs, in the context of this
charge, if the defendant purposely does or
omits to do anything which, under the
circumstances as a reasonable person would
believe them to be, is an act or omission
constituting a substantial step in the
course of conduct planned to culminate in
(his/her) putting the victim in imminent
fear of serious bodily injury.
In order to find that the
defendant attempted to put another in fear
of imminent serious bodily injury, you must
find
that he/she did so purposely.
A defendant acts purposely with respect to
the nature of (his/her) conduct or a result
thereof if it is (his/her) conscious object
to engage in conduct of that nature or to
cause such a result. A person acts purposely
with respect to attendant
circumstances if (he/she) is aware of the
existence of such circumstances or (he/she)
believes or hopes that they exist.
Purpose is a condition of the mind which
cannot be seen and can only be determined by
inferences from conduct, words or acts. It
is not necessary for the State to produce a
witness or witnesses who could testify that
the defendant stated, for example, that
(his/her) purpose was to put the victim in
fear of imminent bodily injury.
It is within your power to find that proof
of purpose has been furnished beyond a
reasonable doubt by inferences which may
arise from the nature of the acts and the
surrounding circumstances.
To find the that the defendant committed a
simple assault by attempting to put (NAME
OF VICTIM) in imminent fear of serious
bodily injury by physical menace, the State
must prove beyond a reasonable doubt that
the defendant had the purpose to put the
victim in imminent fear of serious bodily
injury. The State must also prove beyond a
reasonable doubt that the defendant
purposely did or omitted to do anything,
which, under the circumstances as a
reasonable person would believe them to be,
is an act or omission that is a substantial
step in the course of conduct planned to
culminate in (his/her) putting the victim in
fear of imminent serious bodily injury.
However, the step taken must strongly show
the defendant’s criminal purpose. That is,
the step taken must be substantial and not
just a very remote preparatory act, and must
show that the accused has a firmness of
criminal purpose.
Serious bodily injury means
bodily injury which creates a substantial
risk of death or which causes serious
permanent disfigurement, or protracted loss
or impairment of the function of any bodily
member or organ.
Imminent means likely to happen
without delay.
The State must prove beyond a
reasonable doubt that the defendant
attempted to put the victim in imminent fear
of serious bodily injury by means of
physical menace. Physical menace is
accomplished through an act or acts which
are physically threatening acts.
Words alone are insufficient to constitute
physical menace.
RESUMPTION OF MAIN CHARGE:
The second element that the State must prove
beyond a reasonable doubt is that the simple
assault occurred at a school or community
sponsored youth sports event.
A 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. This term does not
include collegiate, semi-professional or
professional sporting events.
The third element that the State must prove
beyond a reasonable doubt is that the
defendant committed the simple assault in
the presence of a child under 16 years of
age at a school or community sponsored youth
sports event.
It shall not be a defense to
this charge that the defendant did not know
that a child under 16 years of age was
present or that the defendant believed a
child who was present was 16 years of age or
older, even if such belief was reasonable.
If you find that the State has
proved each element of the offense beyond a
reasonable doubt, then you must find the
defendant guilty. If, however, you find
that the State has failed to prove any
element of the offense beyond a reasonable
doubt, then you must find the defendant not
guilty.
N.J.S.A. 2C:2-3a(1). If causation is
contested, a fuller explanation of
causation may be needed. N.J.S.A.
2C:2-3.
Cf. the Model
Charge for terroristic threats (N.J.S.A.
2C:12-3b).
