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STATE v. SPANN

130 N.J. 484 (1993)

617 A.2d 247

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSEPH M. SPANN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 5, 1993.

Attorney(s) appearing for the Case

Carol M. Henderson, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Steven E. Lessick, Deputy Attorney General, of counsel and on the brief).

Michael B. Einschlag, Designated Counsel, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney).

PER CURIAM.

Defendant, Joseph M. Spann, was convicted of sexual assault, a second-degree crime under N.J.S.A. 2C:14-2c(3). The statute criminalizes sexual penetration when the defendant has supervisory or disciplinary power, by virtue of his "legal, professional or occupational status" and when the victim is "on probation or parole, or is detained in a hospital, prison or other institution...." Defendant was a corrections officer at the Salem County Jail, where...

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