STATE v. BURKE


826 A.2d 808 (2003)

362 N.J. Super. 55

STATE of New Jersey, Plaintiff-Respondent, v. Stephen BURKE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2003.


Attorney(s) appearing for the Case

William J. Farley, Jr., attorney for appellant.

Peter C. Harvey, Acting Attorney General, attorney for respondent (Carol M. Henderson, Assistant Attorney General, of counsel and on the brief).

Before Judges KESTIN, FALL and WEISSBARD.


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

In this appeal, we examine application of N.J.S.A. 2C:18-3c, the so-called "peeping Tom" provision contained in the trespass section of the New Jersey Code of Criminal Justice to acts of video voyeurism occurring within a residential dwelling. We conclude that the conduct alleged in the indictment is not proscribed by the provisions of N.J.S.A. 2C:18-3c...

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