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STATE v. HODGE

95 N.J. 369 (1984)

471 A.2d 389

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. JAMES A. HODGE, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided February 7, 1984.

Attorney(s) appearing for the Case

Joyce E. Munkacsi, Assistant Prosecutor, argued the cause for appellant and cross-respondent (Richard S. Rebeck, Middlesex County Prosecutor, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Joseph H. Rodriguez, Public Defender, attorney).

Victoria Curtis Bramson, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

Defendant, Hodge, pleaded guilty to aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a), admitting he had committed acts of sexual intercourse with his stepdaughter, aged 13, over a year's time. The statute makes sexual contact of this sort a crime of the first degree when the victim is 13 to 16 years old and the offender has a supervisory role within the

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