High School Chaperones Cannot Be Prosecuted In New Jersey For Oversees Class Trip In Which It Was Alleged That They Engaged In Sexual Contact With Students.

Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., a New Jersey Criminal Defense Attorney.

In a recent New Jersey Supreme Court case, State v. Sumulikoski, the court held that alleged criminal activity conducted oversees on a class trip could not be prosecuted in New Jersey.  In this case both the trial court and appellate division held that N.J.S.A. 2C:1-3(a)(1) conferred such jurisdiction.  Reversing, the Supreme Court held that because all of the alleged actions occurred oversees the proper jurisdiction, if any, should be Germany, and not New Jersey.

It is strange how this case had to be correctly decided by the Supreme Court, both the trial court and appellate division were dead wrong in holding that N.J.S.A. 2C:1-3(a)(1) conferred jurisdiction to the New Jersey courts for a crime that allegedly had been committed in Germany.  This is especially troubling because Germany's criminal laws are dis-similar to the criminal laws of New Jersey?  For example, in Germany the age for consensual sexual contact is 14-years of age, while New Jersey it is 18-years of age.  Further, the nightmare for defense counsel trying to investigate the alleged crime scene, interview witnesses, or call witnesses to testify at trial would be impossible.  All of these procedural issues would of course deny the defendant a fair trial.

Justice Oliver Wendell Holmes once said that he did not do justice, he just did the law.  Isn't that the real problem with our legal system.  Often law and justice work at cross-purposes, one thing has nothing to do with the other.  Law without authentic justice is a game, charade or a tool for social injustice for the poor and marginalized. 

If you have been charged with a sexual crime in Essex, Union, Hudson, Somerset, Morris, Ocean, and Monmouth County you must consult an experienced criminal defense attorney.

Law Office of Vincent J. Sanzone, Jr., Esq.

Attorney and Counselor of Law for the Criminal Defense

277 North Broad Street

P.O. Box 261

Elizabeth, N.J. 07207

(908) 354-7006

CriminalDefenseNJ.com

Quote of the Day:  “For every wise owl you may expect a few cuckoos.” Rev. George William Rutler

Does anyone know that in New Jersey the Age of Consent for All Sexual Offenses Has Increased to 18-Years of Age?

This Legal Public Service Blog Service Blog as Been Provided by the Law Office of Vincent J. Sanzone, Jr., Esq., Elizabeth, N.J.

On August 14, 2013 Governor Chris Christie signed a new child pornography law which defines a child as anyone under 18-years of age.  Previous to this new law a child (minor) was defined as anyone under the age of 16-years.  Now withe the new law a minor is defined as anyone under 18-years of age.  Therefore, anyone having sexual contact with a person under 18-years of age, including all endangering crimes is guilty of a crime.

Not only has the age of consent been increased by two-years, anyone convicted of such offenses are subject to the “No Early Release Act”, and must serve 85% percent of their sentence before they are eligible for parole.  The new law can be found at http://www.njleg.state.nj.us/2012/Bills/PL13/136_.PDF

The new law provides some of the following changes:

• Mandatory minimum prison sentences for anyone convicted of distributing at least 25 images of child pornography, with a first-time offender serving at least five years, and subsequent offenders up to 10 years.
• No early release sentencing for anyone convicted of engaging a child in pornography, to wit, must serve t 85 percent of their prison term (No Early Release Act).
• Removes any ambiguity with current law that is any sharing child pornography via computer file-sharing or peer-to-peer software is considered distribution rather than possession.
• It is now a 1^st degree crime for non-parents and guardians to engage a child in pornography. It already applies in that way to parents.
• Strict liability for watching pornography in which the actor is less than 18-years of age, regardless of the watchers knowledge of his or her age.  If the actor in the movie is under 18-years of age, and you watch it, you are guilty of viewing child pornography, even if the actor looks 35-years of age.

Now under this new law any person under the age of 18 commits a crime for engaging in a sexual conduct with another person under the age of 18, and could be charged and adjudicated as a “delinquent” in family juvenile court, and be subject to Megan’s Law for life.  Of course there will be selective prosecution for these types of cases, but is this the type of laws that will eradicate the evils of child pornography?  I think not.

If you are charged with any type of sexual offense such as child pornography, sexual assault, rape, illegal sexual contact, child endangerment, lewdness, indecent exposure, you must immediately retain the legal services of an experienced criminal defense attorney.  New Jersey criminal defense attorney has represented many people charged with such offenses and has obtained favorable results in these types of cases included one case that was won by the New Jersey Supreme Court, State v. Franklin Jack Burr.

Law Office of Vincent J. Sanzone, Jr., Esq.                   Telephone: (908) 354-7006