New Jersey § 2c:12-1
Full text of New Jersey New Jersey Statutes § 2c:12-1, with citation guidance and answers to common questions.
§ 2c:12-1.
Assault. a. Simple assault. A person is guilty of assault if the person: (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 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 the person: (1) Attempts to cause serious bodily injury to another, or causes 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 subsection f. of N.J.S.2C:39-1 , 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 paragraph (1), (2), or (3) of subsection
a. of this section upon: (a) Any law enforcement officer acting in the performance of the officer's duties
while in uniform or exhibiting evidence of authority or because of the officer's status
as a law enforcement officer; or (b) Any paid or volunteer firefighter acting in the performance of the firefighter's
duties while in uniform or otherwise clearly identifiable as being engaged in the
performance of the duties of a firefighter; or (c) Any person engaged in emergency first-aid or medical services acting in the performance
of the person's 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, school administrator, teacher, school bus driver, or
other employee of a public or nonpublic school or school board while clearly identifiable
as being engaged in the performance of the person's duties or because of the person's
status as a member or employee of a public or nonpublic school or school board or
any school bus driver employed by an operator under contract to a public or nonpublic
school or school board while clearly identifiable as being engaged in the performance
of the person's duties or because of the person's status as a school bus driver;
or (e) Any employee of the Division of Child Protection and Permanency while clearly
identifiable as being engaged in the performance of the employee's duties or because
of the status as an employee of the division; or (f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax
Court or municipal judge while clearly identifiable as being engaged in the performance
of judicial duties or because of the status as a member of the judiciary; or (g) Any operator of a motorbus or the operator's supervisor or any employee of a rail
passenger service while clearly identifiable as being engaged in the performance of
the person's duties or because of the status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or (h) Any Department of Corrections employee, county correctional police officer, juvenile
correctional police officer, State juvenile facility employee, juvenile detention
staff member, juvenile detention officer, probation officer or any sheriff, undersheriff,
or sheriff's officer acting in the performance of the person's duties while in uniform
or exhibiting evidence of the person's authority or because of the status as a Department
of Corrections employee, county correctional police officer, juvenile correctional
police officer, State juvenile facility employee, juvenile detention staff member,
juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff's
officer; or (i) Any employee, including any person employed under contract, of a utility company
as defined in section 2 of P.L.1971, c. 224 ( C.2A:42-86 ) or a cable television company subject to the provisions of the “Cable Television
Act,” P.L.1972, c. 186 ( C.48:5A-1 et seq. ) while clearly identifiable as being engaged in the performance of the employee's
duties in regard to connecting, disconnecting, or repairing or attempting to connect,
disconnect, or repair any gas, electric, or water utility, or cable television or
telecommunication service; or (j) Any health care worker employed by a licensed health care facility to provide
direct patient care, any health care professional licensed or otherwise authorized
pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care
profession, except a direct care worker at a State or county psychiatric hospital
or State developmental center or veterans' memorial home, while clearly identifiable
as being engaged in the duties of providing direct patient care or practicing the
health care profession; or (k) Any direct care worker at a State or county psychiatric hospital or State developmental
center or veterans' memorial home, while clearly identifiable as being engaged in
the duties of providing direct patient care or practicing the health care profession,
provided that the actor is not a patient or resident at the facility who is classified
by the facility as having a mental illness or developmental disability; 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 paragraph 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 bodily injury to another person; or (7) Attempts to cause significant bodily injury to another or causes significant bodily
injury purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or (8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion
in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire
suppression activities, rendering emergency medical services resulting from the fire
or explosion or rescue operations, or rendering any necessary assistance at the scene
of the fire or explosion, including any bodily injury sustained while responding to
the scene of a reported fire or explosion. For purposes of this paragraph, “ emergency services personnel ” shall include, but not be limited to, any paid or volunteer firefighter, any person
engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly
liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or (9) Knowingly, under circumstances manifesting extreme indifference to the value of
human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1 , at or in the direction of a law enforcement officer; or (10) Knowingly points, displays or uses an imitation firearm, as defined in subsection
v. of N.J.S.2C:39-1 , at or in the direction of a law enforcement officer with the purpose to intimidate,
threaten, or attempt to put the officer in fear of bodily injury or for any unlawful
purpose; or (11) Uses or activates a laser sighting system or device, or a system or device which,
in the manner used, would cause a reasonable person to believe that it is a laser
sighting system or device, against a law enforcement officer acting in the performance
of the officer's duties while in uniform or exhibiting evidence of the officer's authority. As used in this paragraph, “ laser sighting system or device ” means any system or device that is integrated with or affixed to a firearm and emits
a laser light beam that is used to assist in the sight alignment or aiming of the
firearm; or (12) Attempts to cause significant bodily injury or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference to
the value of human life, recklessly causes significant bodily injury to a person who,
with respect to the actor, meets the definition of a victim of domestic violence,
as defined in subsection d. of section 3 of P.L.1991, c. 261 ( C.2C:25-19 ); or (13) Knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly obstructs the breathing or blood circulation of a person
who, with respect to the actor, meets the definition of a victim of domestic violence,
as defined in subsection d. of section 3 of P.L.1991, c. 261 ( C.2C:25-19 ), by applying pressure on the throat or neck or blocking the nose or mouth of such
person, thereby causing or attempting to cause bodily injury. Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is
a crime of the second degree; under paragraphs (2), (7), (9), and (10) of subsection
b. of this section is a crime of the third degree; under paragraphs (3) and (4) of
subsection b. of this section is a crime of the fourth degree; and under paragraph
(5) of subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree , except that any aggravated assault under subparagraph (g) of paragraph (5) of subsection
b. of this section shall be a crime of the third degree . Aggravated assault under paragraph (8) of subsection b. of this section is a crime
of the third degree if the victim suffers bodily injury; if the victim suffers significant
bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under paragraph (11) of subsection b. of this section is a crime
of the third degree. Aggravated assault under paragraph (12) of subsection b. of this section is a crime
of the third degree but the presumption of non-imprisonment set forth in subsection
e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply. Aggravated assault under paragraph (13) of subsection b. of this section is a crime
of the second degree. c. (1) 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. Proof that the defendant was operating a hand-held wireless telephone while driving
a motor vehicle in violation of section 1 of P.L.2003, c. 310 ( C.39:4-97.3 ) may give rise to an inference that the defendant was driving recklessly. (2) Assault by auto or vessel is a crime of the third degree if the person drives
the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ) and serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ) and bodily injury results. (3) Assault by auto or vessel is a crime of the second degree if serious bodily injury
results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ) while: (a) on any school property used for school purposes which is owned by or leased to
any elementary or secondary school or school board, or within 1,000 feet of such school
property; (b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing
as such; or (c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school
crossing as such by ordinance or resolution. Assault by auto or vessel is a crime of the third degree if bodily injury results
from the defendant operating the auto or vessel in violation of this paragraph. A map or true copy of a map depicting the location and boundaries of the area on or
within 1,000 feet of any property used for school purposes which is owned by or leased
to any elementary or secondary school or school board produced pursuant to section
1 of P.L.1987, c. 101 ( C.2C:35-7 ) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection. It shall be no defense to a prosecution for a violation of subparagraph (a) or (b)
of paragraph (3) of this subsection that the defendant was unaware that the prohibited
conduct took place while on or within 1,000 feet of any school property or while driving
through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph
(3) of this subsection that no juveniles were present on the school property or crossing
zone at the time of the offense or that the school was not in session. (4) Assault by auto or vessel is a crime of the third degree if the person purposely
drives a vehicle in an aggressive manner directed at another vehicle and serious bodily
injury results and is a crime of the fourth degree if the person purposely drives
a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, “ driving a vehicle in an aggressive manner ” shall include, but is not limited to, unexpectedly altering the speed of the vehicle,
making improper or erratic traffic lane changes, disregarding traffic control devices,
failing to yield the right of way, or following another vehicle too closely. As used in this subsection, “ 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. (Deleted by amendment, P.L.2001, c. 443 ). f. A person who commits a simple assault as defined in paragraph (1), (2), or (3)
of subsection a. of this section 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 of the
fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present
or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability
on the part of a participant in a youth sports event or to abrogate any immunity or
defense available to a participant in a youth sports event. As used in this act, “ 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 and shall not include collegiate, semi-professional
or professional sporting events.
Frequently Asked Questions About New Jersey § 2c:12-1
What does New Jersey Statutes § 2c:12-1 cover?
Section 2c:12-1 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2c:12-1?
A common citation format is "New Jersey Statutes § 2c:12-1" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2c:12-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.