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New Jersey Section 2C:12-1.2 – Endangering an injured victim.

New Jersey Section 2C:12-1.2 – Endangering an injured victim

New Jersey Section 2C:12-1.2 is a law that makes it a criminal offense to fail to assist an injured victim in certain situations. This law, sometimes called the “Good Samaritan Law,” aims to promote helping behavior and prevent further harm to vulnerable victims.

Overview of the Law

The law states that any person who knows or reasonably should know that another person is exposed to grave physical harm shall, if they can do so without danger or peril to themselves, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement, medical personnel, or other first responders.

This duty to assist applies when:

• The exposed person is in danger of death and the failure to give assistance may contribute to their death.
• The exposed person is unconscious, ill, or injured.
• The person who fails to assist created the situation that led to the victim being in danger.

So in essence, if you come across someone who is seriously injured or in grave danger, you are legally required to call for help or provide aid, as long as you can do so safely. Simply walking away or ignoring the situation could lead to criminal charges.

Charges and Penalties

Endangering an injured victim is a disorderly persons offense in New Jersey. This means it is a minor criminal charge, similar to a misdemeanor in other states.

The penalties if convicted of this offense include:

• Up to 6 months in jail
• Fines up to $1000
• Community service

The law is aimed more at promoting moral responsibility than harsh punishment. But charges and penalties can still apply if prosecutors believe someone clearly ignored their duty to help an injured or endangered person.

When the Duty to Assist Applies

There has been some debate over when exactly the legal duty to assist an injured victim would apply under this law. Here are some considerations:

• Serious injuries – The law specifies that it applies when the victim’s life is in danger. Minor injuries likely do not trigger a legal requirement to help.
• Ability to assist – If calling for help would put your own safety at risk, you are not obligated to do so. But if you can reasonably make a call or provide some level of aid safely, the law would require it.
• Creating the situation – If your actions directly led to the victim’s injuries, you have a stronger moral and legal duty to then assist. For example, if you assaulted someone, you must then call for medical assistance.
• Relationships – Parents have a duty to assist their injured children. Spouses and partners may also have a heightened duty. The law is unclear on responsibilities for assisting friends vs strangers.

So the law does not make people legally responsible for aiding every minor injury they come across. But when the need for prompt assistance is clear, looking the other way could lead to charges under this statute.

Purpose and Rationale of the Law

The core purpose of this law is to promote moral behavior and encourage people to help those in grave need. Specifically, it aims to:

• Prevent further harm to vulnerable victims
• Save lives in emergency situations
• Overcome the bystander effect where onlookers do nothing
• Establish a moral duty to care for others in the community
• Discourage callous indifference to suffering

Without a law like this, many people may ignore injured persons due to fear, apathy, or uncertainty. However, the lawmakers determined that basic human decency requires providing assistance in certain situations, which this statute aims to enforce.

Controversies and Criticisms

While most agree the law’s intentions are noble, some aspects of it have generated controversy and debate:

• Infringes on personal freedom – Critics argue people should not be legally required to put themselves at risk to help strangers. The law may overreach by imposing a moral duty.
• Hard to enforce – Without witnesses, charges under this law can be hard to prove. It relies heavily on moral incentives rather than consistent enforcement.
• Potential for abuse – Some fear the law could be misapplied to punish good-faith decisions not to assist. Prosecutors may need to exercise discretion.
• Unclear lines – When exactly does the “duty to assist” activate? The law leaves many gray areas that could be open to interpretation.
• False sense of security – Even with this law, some fear many will still ignore injured people, assuming someone else will help.

Overall however, the prevailing view seems to be that the law provides a valuable moral guidepost in line with basic human decency. While enforcement may be imperfect, it encourages people to help others in need.

Real World Cases

There are not many known cases where this specific law has been applied, as it is a relatively new and narrowly targeted statute. But here are some examples of its principles being cited:

• In 2010, a group of teens in New Jersey filmed an injured friend clearly in need of assistance but did not call for help. Prosecutors considered charges under this law but ultimately did not file any.
• In 2013, a doctor who refused to provide emergency medical care to a pregnant woman having complications was sued in civil court for negligence and failure to assist under this statute. The case was eventually settled.
• In 2015, a man whose friends abandoned him unconscious after a night of drinking brought a lawsuit against them under this law. The case was dismissed due to lack of evidence.

Again, prosecutions directly under this law appear rare. But it has been referenced to underscore the moral and potentially legal duty to help in serious injury cases.

How to Uphold the Law

To avoid running afoul of this law, here is some guidance if you encounter an injured or at-risk person:

• If the scene is safe, provide reasonable care like stopping bleeding or performing CPR if trained. But do not provide medical care beyond your abilities.
• Call or ask someone else to call 911 or emergency services immediately. Make clear it is a dire emergency needing prompt response.
• If possible, remain on the scene until first responders arrive. Provide information about what happened and the victim’s condition.
• Follow all instructions from the 911 operator, who may ask you to provide emergency aid based on your description of the situation.
• Do not further move or transport the victim unless absolutely necessary to avoid further injury. Wait for trained responders.
• If the scene is unsafe or puts your health at risk, you may still be able to render reasonable assistance by calling authorities immediately. Do not investigate an unsafe scene.

The spirit of the law is to assist as much as one reasonably can without endangering yourself. Even calling 911 and waiting with the victim until help arrives could be considered “reasonable assistance” and uphold your moral and legal duty to help.

Conclusion

New Jersey’s “Good Samaritan Law” serves the important purpose of promoting altruistic values and protecting vulnerable injured people. While enforcement may be inconsistent, it provides citizens with a moral and civic guideline for when to put others’ needs first. With basic training in emergency response, we can all be prepared to provide reasonable care when needed and fulfill our shared duty to assist.

Though not without controversy, Section 2C:12-1.2 ultimately aims to build a more just and compassionate society. It reminds us not to be indifferent bystanders, but active guardians of human life. If more people take this duty to heart, many lives could potentially be saved.