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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