ASSAULT UPON THE INSTITUTIONALIZED ELDERLY
(N.J.S.A. 2C:12-1d)
Defendant is charged in count
________ of this indictment with Assault by
an employee upon the institutionalized
elderly. Defendant is charged with
violating a provision of our law that
provides, in pertinent part, that:
A
person who is employed by a facility...who
commits a simple assault...upon an
institutionalized elderly person... 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 upon (INSERT VICTIM);
2.
That the victim was an
institutionalized elderly person;
3. That the defendant was employed by a
facility as defined by the law.
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:12-1(a) or N.J.S.A. 2C:12-1(a)(2),
as facts warrant]
1) CHARGE IF SIMPLE ASSAULT,
N.J.S.A. 2C:12-1(a)(1) is the basis of
allegation:
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:12-1(a)(2) is the basis of allegation:
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.
[RESUMPTION OF MAIN CHARGE]
The second element that the
State must prove beyond a reasonable doubt
is that the victim was an institutionalized
elderly person.
An institutionalized elderly
person is defined as any person 60 years of
age or older, who is a patient, resident or
client of any facility.
I will now define facility for you.
A facility is defined as any
facility or institution, whether public or
private, offering health or health related
services for the institutionalized elderly,
and which is subject to regulation,
visitation, inspection, or supervision by
any government agency. In this case, the
State alleges the facility was (INSERT TYPE
OF FACILITY ALLEGED.)
Government Agency means any
department, division, office, bureau, board,
commission, authority, or any other agency
or instrumentality created by the State or
to which the State is a party, or by any
county or municipality, which is responsible
for the regulation, visitation, inspection
or supervision of facilities, or which
provides services to patients, residents or
clients of facilities.
A person is considered to be an
institutionalized elderly person if he/she
is a patient, resident or client of any
facility. A person is considered to be a
patient, resident or client of a facility if
he/she is receiving treatment or care in a
facility in all its aspects, including, but
not limited to, admission, retention,
confinement, commitment, period of
residence, transfer, discharge and any
instances directly related to such status.
Thus, to prove the second
element, the State must prove beyond a
reasonable doubt that the victim was 60
years of age or older when the assault
occurred, and that he/she was a patient,
resident or client of a facility as I have
defined those terms for you.
The third element that the State must prove
beyond a reasonable doubt is that defendant
was employed by the facility when the
assault occurred.
I have already defined facility
for you.
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.
