CAUSATION AND TRANSFERRED INTENT Model Jury charge 2C:2-3

CAUSATION AND TRANSFERRED INTENT Model Jury charge(N.J.S.A. 2C:2-3) [CHARGE IN ALL CASES] Causation has a special meaning under the law. To establish causation, the State must prove two elements, each beyond a reasonable doubt: First, but for the defendants conduct, the result in question would not have happened. In other words, without defendants actions the result would not have occurred. [WHEN PURPOSEFUL OR KNOWING CONDUCT INVOLVED] Second, the actual result must have been within the design or contemplation of the defendant. If not, it must involve the same kind of injury or harm as that designed or contemplated, and must also not be too remote, too accidental in its occurrence or too dependent on anothers volitional act to have a just bearing on the defendants liability or on the gravity of his/her offense. [TRANSFERRED INTENT] A defendant is not relieved of responsibility for causing a result if the only difference between what actually occurred and what was designed, contemplated or risked is that a different person or property was injured or affected or that a less serious or less extensive injury or harm occurred. [WHEN RECKLESS OR NEGLIGENT CONDUCT INVOLVED] Second, [for reckless conduct] that the actual result must have been within the risk of which the defendant was aware. If not, it must involve the same kind of injury or harm as the probable result and must also not be too remote, too accidental in its occurrence or too dependent on anothers volitional act to have a just bearing on the defendants liability or on the gravity of his/her offense. Second, [for negligent conduct] that the actual result must have been within the risk of which the defendant should have been aware. If not, it must involve the same kind of injury or harm as the probable result and must also not be too remote, too accidental in its occurrence or too dependent on anothers volitional act to have a just bearing on the defendants liability or on the gravity of his/her offense. [TRANSFERRED INTENT] A defendant is not relieved of responsibility for causing a result if the only difference between what actually occurred and what was designed, contemplated or risked is that a different person or property was injured or affected or that a less serious or less extensive injury or harm occurred.