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STATE v. ZEIDELL

154 N.J. 417 (1998)

713 A.2d 401

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THOMAS G. ZEIDELL, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Mark P. Stalford, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmouth County Prosecutor, attorney).

Steven M. Gilson, Designated Counsel, argued the cause for respondent (Ivelisse Torres, Public Defender, attorney).

John F. O'Hern, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

Thomas G. Zeidell, submitted letters in lieu of brief, pro se.

The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this appeal is whether a defendant who has criminal sexual contact with himself that is observed by two children of eight and ten years from a distance of approximately seventy-five feet has committed second-degree sexual assault. In a reported opinion, a divided panel of the Appellate Division reversed two convictions for sexual assault. The majority concluded that because no specific victimization...

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