New Jersey § 2c:12-1

§ 2c:12-1.

Endangering an injured victim. a. A person is guilty of endangering an injured victim if he causes bodily injury

to any person or solicits, aids, encourages, or attempts or agrees to aid another,

who causes bodily injury to any person, and leaves the scene of the injury knowing

or reasonably believing that the injured person is physically helpless, mentally incapacitated

or otherwise unable to care for himself. b. As used in this section, the following definitions shall apply: (1) “ Physically helpless ” means the condition in which a person is unconscious, unable to flee, or physically

unable to summon assistance; (2) “ Mentally incapacitated ” means that condition in which a person is rendered temporarily or permanently incapable

of understanding or controlling one's conduct, or of appraising or controlling one's

condition, which incapacity shall include but is not limited to an inability to comprehend

one's own peril; (3) “ Bodily injury ” shall have the meaning set forth in N.J.S.2C:11-1 . c. It is an affirmative defense to prosecution for a violation of this section that

the defendant summoned medical treatment for the victim or knew that medical treatment

had been summoned by another person, and protected the victim from further injury

or harm until emergency assistance personnel arrived. This affirmative defense shall be proved by the defendant by a preponderance of

the evidence. d. A person who violates the provisions of this section shall be guilty of a crime

of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not

merge with a conviction of the crime that rendered the person physically helpless

or mentally incapacitated, nor shall such other conviction merge with a conviction

under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence imposed pursuant to this section shall

be ordered to be served consecutively to that imposed for any conviction of the crime

that rendered the person physically helpless or mentally incapacitated. e. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment

and conviction for murder, manslaughter, assault or any other offense.