State v. Worthy
Superior Court of New Jersey, Appellate Division
746 A.2d 1063 (2000)
Brian Worthy (defendant) jumped into the driver's seat of a running car just as his 16-year-old friend K.B. was getting in. The car bucked forward slowly; Worthy told K.B. to shut her door so she wouldn't get hurt, then drove around calmly at a moderate speed for under an hour before returning the car near where he found it. New Jersey charged him with third-degree criminal restraint. At trial, the court instructed the jury on the elements of the offense but did not make clear that the "knowing" mental state applied to every element. Worthy objected; the objection was overruled, and the jury convicted him.
Whether the mental state of "knowledge" required for criminal restraint applies to every material element of the offense, including exposing the victim to a risk of serious bodily injury.