State v. Zeidell, 154 N.J. 417 (1998)

In State v. Zeidell, 154 N.J. 417 (1998), the Supreme Court of New Jersey addressed a case involving two young children, ages eight and ten, who observed the defendant masturbating from a distance while on a public beach. The defendant was initially convicted of second-degree sexual assault and endangering the welfare of the children. The Appellate Division reversed the sexual assault convictions, finding that the statutory requirement of specific victimization had not been proven. On appeal, the Supreme Court reinstated the convictions. The New Jersey Supreme Court held that when a child under the age of thirteen observes sexual contact by a person at least four years older, knowing the child is present, the crime of “tender-years sexual assault” is complete without the need for direct victim contact. The Court clarified that the statutory element requiring the actor to know he is in the child’s field of vision is met when the circumstances make observation almost certain. In this case, the children’s presence, the clear visibility of the act, and the defendant’s awareness of the setting fulfilled that requirement. The Court affirmed the second-degree sexual assault convictions, noting that the statutory scheme distinguishes this conduct from fourth-degree lewdness by the age of the victim and the actor’s awareness of their presence.
 

Topics

• Sexual violence and rape
• Statutory rape or defilement

Geographical location

• North America
• United States
• New Jersey

Keywords

• child abuse
• Statutory Interpretation
• elements of crimes

Year

• 1998

External URL

• State v. Zeidell, 154 N.J. 417 (1998)

Court

• New Jersey Supreme Court

Type

• Domestic Case Law

Jurisdiction

• New Jersey