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STATE v. MARTIN

235 N.J. Super. 47 (1989)

561 A.2d 631

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT J. MARTIN, III, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Daniel J. Carluccio argued the cause for appellant (Carluccio & Liston, attorneys; Daniel J. Carluccio, of counsel; Joseph Pinizzotto, on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General, attorney; Linda A. Rinaldi, Deputy Attorney General, of counsel and on the brief).

Before Judges KING, BRODY and ASHBEY.

The opinion of the court was delivered by ASHBEY, J.A.D.

The principal holding in this appeal is that a supervisor in a juvenile shelter engaging in sexual conduct with a juvenile resident in the shelter is guilty of the crime of sexual assault under N.J.S.A. 2C:14-2c(3) and that the juvenile's "consent" is not a defense.

Defendant was found guilty of two counts of second-degree sexual assault, contrary to N.J.S.A. 2C:14-2c(3); one count of second...

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