STATE v. ARP


274 N.J. Super. 379 (1994)

644 A.2d 149

STATE OF NEW JERSEY, PLAINTIFF, v. PETER ARP, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided March 18, 1994.


Attorney(s) appearing for the Case

Joseph L. Rea, Assistant Prosecutor, for plaintiff.

Scott D. Finckenauer for defendant.


HOFFMAN, J.S.C.

This case raises the issue of whether for the purposes of the kidnapping statute, N.J.S.A. 2C:13-1, a removal or confinement that began lawfully may later become unlawful. This question has not been directly addressed in prior decisions.

The issue arises from a motion filed by the defendant to dismiss the indictment for kidnapping and the corresponding charges of aggravated sexual assault and aggravated criminal sexual contact.

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