STATE v. J.A.


766 A.2d 782 (2001)

337 N.J. Super. 114

STATE of New Jersey, Plaintiff-Respondent, v. J.A., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 2001.


Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, attorney for appellant (Edward C. Lehman, Designated Counsel, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, attorney for respondent (Kristen A. McKearney, Deputy Attorney General, of counsel and on the brief).

Before Judges A.A. RODRIGUEZ, COLLESTER and FALL.


The opinion of the court has been filed by RODRIGUEZ, A. A., J.A.D.

In this appeal, we hold that penile penetration of the space between the labia majora or outer lips of the vulva constitutes "vaginal intercourse" within the meaning of N.J.S.A. 2C:14-2a(1).

Following a jury trial, defendant, J.A., was convicted of first degree aggravated sexual assault on his daughter, who was then less than thirteen years old, N.J.S.A. 2C:14-2a(1); second degree...

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