Aggravated Assault Under N.J.S.A. 2C:12-1(b)(5)

Count of this indictment charges the defendant with aggravated assault.

(Read appropriate count of indictment)

The defendant is accused of violating a law that provides in pertinent part:

A person is guilty of aggravated assault if he … (a)ttempts to cause or purposely, knowingly or recklessly causes bodily injury to … (a)ny 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.

For you to find the defendant guilty of this offense, the State must prove each of the following elements beyond a reasonable doubt:

1. that the defendant purposely attempted to cause or purposely, knowingly or recklessly caused bodily injury (insert name of victim);

2. that (insert name of victim) was a law-enforcement officer; and

3a. that the defendant knew that (insert name of victim) was a law-enforcement officer2 acting in the performance of (his/her) duties or while in uniform or exhibiting evidence of (his/her) authority;3 or

3b. that the defendant knew that (insert name of victim) was a law-enforcement officer4 and purposely committed the act against (him/her) because of (his/her) status as a law-enforcement officer.

The first element that the State must prove beyond a reasonable doubt is that the defendant purposely attempted to cause or purposely, knowingly or recklessly caused bodily injury to (insert name of victim).

(If appropriate, use the model charge on Attempt).

Bodily injury means physical pain, illness or any impairment of physical condition.5
A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a person’s conscious object t