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STATE v. BREITWEISER

861 A.2d 176 (2004)

373 N.J. Super. 271

STATE of New Jersey, Plaintiff-Respondent, v. Russell BREITWEISER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 2004.

Attorney(s) appearing for the Case

Edward C. Bertucio, Jr. argued the cause for appellant (Hobbie, Corrigan, Bertucio & Tashjy, attorneys; Norman M. Hobbie, of counsel, Mr. Bertucio, on the brief).

Jhanice V. Domingo Assistant Prosecutor, argued the cause for respondent (Wayne J. Forrest, Somerset County Prosecutor, attorney; Ms. Domingo, on the brief).

Before Judges KESTIN, LEFELT and FUENTES.

The opinion of the court was delivered by

FUENTES, J.A.D.

In State v. Zeidell, 154 N.J. 417, 713 A.2d 401 (1998), the Supreme Court defined second-degree-tender-years sexual assault as an intentional touching by the actor of his or her intimate parts, for arousal or sexual gratification, in the view of an underage child, whom the actor knows to be present. Id. at 431, 713...

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