New Jersey § 2c:12-1

§ 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.