The New Jersey law when it comes to sexual offenses is extremely
confusing even for the experienced New Jersey criminal defense attorney. The law and jury charges that a jury must
decipher during a sexual assault trial is some of the most difficult law to
understand, and can rival even some complicated tax or security laws.
Much of these sexual
offender laws were model charges that were formulated by feminist organizations,
which some believe, made the laws so confusing and difficult that most jurors simply
give-up and convict, not based on the law and facts of the case, but rather, on
the premise that nobody likes someone charged with a sexual offense,
especially, when it is against women, children or minors. As Aye Gruber a law professor from the University of Iowa wrote in a law review article in the Washington Law Review
Association titled: “Rape, Feminism, and the War on Crime”
“Over the past several
years, feminism has been increase-ingly associated with crime control and the
incarceration of men.”
In a recent case, State
v. McInerney, the appellate division reversed the conviction of a baseball
coach for child endangering because the instructions to the jury were
flawed. In this case the Monmouth County
Prosecutor’s Office charged Mr. McInerney with second degree child
endangering. In order to be convicted of
the second degree charge the state must prove beyond a reasonable doubt that
Mr. McInerney had “a legal duty for the care of a child or who assumed
responsibility for the care of a child.” N.J.S.A. 2C:24-4a.
In this case the appellate
division held that the jury instructions did not properly define the meaning of
“teaching staff member or other employee.”
The appellate division wrote, “... the judge effectively directed the
jurors that a school employee, even one without any responsibility for the care
of the child, was included in the definition of parent or guardian along with
those who have assumed responsibility for the care of a child.” This instruction was in conflict with the
well settled law set forth in State v. Galloway, 133, N.J. 631 (1993)
However, this case did not
hold the endangering statute unconstitutional as being vague. As the model jury charge is currently
written, a jury could decide that the defendant engaged in sexual conduct which
would impair or debauch the morals of the child, or causes the child
harm that would make the child abused or neglected child, as defined in Title 9
of the child protective statutes, N.J.S.A. 9:6-1.
This issue was directly addressed in the
federal third circuit case in Stubbs v. Attorney General, 452 F.3d 251
(3d. Cir. 2006) In that case the Third
Circuit held that N.J.S.A.
2C:24-4(a) is vague and ambiguous on its face since without a specific finding
by the jury whether they are finding guilt under the sexual component or
neglect component there is no way of knowing what the jury is deciding beyond a
reasonable doubt.
As the Third Circuit
wrote:
To
repeat, N.J.S.A. 2C:24-4(a) provides for conviction of a person who
either (a) “engages in sexual conduct
which
would impair or debauch the morals of the child”
or
(b) “causes the child harm that would make the child an abused or neglected
child as defined in
[state
protective-welfare statutes].” A
conviction could lie under this statute for “willfully failing
to
provide proper and sufficient food.” for a child pursuant to N.J.S.A.
9:6-1, one of the enumerated protective-welfare statutes. This offense would hardly constitute “sexual
abuse of a minor under 8 U.S.C. § 1101(a)(43)(A). Stubbs,452 F.3d at 255
For the time being
there appears to no end in-sight for this confusing law and jury instructions.
Law Office of Vincent J.
Sanzone, Jr.
P.O.
Box 261
277
North Broad Street
Elizabeth (Union County) New
Jersey 07207
Office Phone Number (908)
354-7706
Cell Phone Number (201) 240-5716
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