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Friday, September 04, 2015

State v. Elise N. Munafo (A-6-14;

State v. Elise N. Munafo (A-6-14; 074142) 
When the Legislature enacted the endangering statute, N.J.S.A. 2C:12-1.2, it chose to punish a defendant’s knowing behavior -- leaving the scene under circumstances that might well lead to greater harm to a victim -- but did not require a showing of increased risk of further harm. Because the jury charge in this case tracked the statute as written, it was not error to omit the element defendant now requests.