New Jersey statute
N.J.S.A. 2C:12-1.2 — Endangering an injured victim
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 12, New Jersey Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:12-1.2
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
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.
L.2000,c.174,s.1.
Official sources
Legal terms used in this section
Questions this section answers
What degree of offense is endangering an injured victim in New Jersey?
Endangering an injured victim is a crime of the third degree in New Jersey under N.J.S.A. 2C:12-1.2.
Which New Jersey statute covers endangering an injured victim?
Endangering an injured victim is governed by N.J.S.A. 2C:12-1.2 (Endangering an injured victim).
This reference is informational and is not legal advice.