ASSEMBLY, No. 395

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman HECK and Assemblyman GARRETT

An Act concerning assault and amending N.J.S.2C:12-1.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.2C:12-1 is amended to read as follows:

    2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

    (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

    (2) Negligently causes bodily injury to another with a deadly weapon; or

    (3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

    [Simple] Except as provided in subsections d., e. and f. of this section, simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

    b. Aggravated assault. A person is guilty of aggravated assault if he:

    (1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

    (2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

    (3) Recklessly causes bodily injury to another with a deadly weapon; or

    (4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

    (5) Commits a simple assault as defined in subsection a. (1) and (2) of this section upon:

    (a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

    (b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

    (c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

    (d) Any school board member or school administrator, teacher or other employee of a school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a school board; or

    (6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in serious bodily injury to another person.

    Aggravated assault under subsection b. (1) and b. (6) is a crime of the second degree; under subsection b. (2) [and b. (7)]is a crime of the third degree; under subsection b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree.

    c. A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

    As used in this section, vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

    d. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

    e. A person who commits a simple assault as defined in subsection a. of this section is guilty of a crime of the fourth degree if the person acted, at least in part, with ill will, hatred or bias toward, and with a purpose to intimidate, an individual or group of individuals because of race, color, religion, sexual orientation, or ethnicity.

    f. A person who commits a simple assault as defined in subsection a. of this section is guilty of a crime of the fourth degree if the victim suffers severe bodily injury, disfigurement, a fractured bone, disease, incapacitating mental anguish or chronic pain.

(cf: P.L.1993, c.219, s.2)

    2. This act shall take effect immediately.

STATEMENT

    Currently, a person who purposely, knowingly or recklessly causes bodily injury to another is guilty of the disorderly persons offense of assault. A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. The statute defines "bodily injury" as "physical pain, illness or any impairment of physical condition."

    Current law also provides that a person will be guilty of the second degree crime of aggravated assault if he inflicts "serious bodily injury" upon another. The statute defines "serious bodily injury" as "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." Thus, there appears to be a gap in the law between those assaults which are prosecuted as disorderly persons offenses, and those assaults which are prosecuted as crimes of the second degree. This bill would fill the gap to provide that an assault which results in injuries that are less severe than "serious bodily injuries" will constitute a crime of the fourth degree. The new category would include assaults causing the victim to suffer severe bodily injury, disfigurement, a fractured bone, disease, incapacitating mental anguish or chronic pain.

Makes assault a fourth degree crime if defendant purposely, knowingly or recklessly causes certain bodily injury.