STATE of New Jersey, Plaintiff-Appellant,
v.
Andrew HIGGINBOTHAM, Defendant-Respondent.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 29, 2023.
Decided May 8, 2024.
Attorney(s) appearing for the Case
Michael L. Zuckerman, Deputy Solicitor General, argued the cause for appellant (Matthew J. Platkin, Attorney General, attorney; Jeremy M. Feigenbaum, Solicitor General, Michael L. Zuckerman, Mercedes N. Robertson and Liza B. Fleming, Deputy Attorneys General, of counsel and on the briefs).
Alison Gifford, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney; Alison Gifford, of counsel and on the briefs, and Taylor L. Napolitano, Assistant Deputy Public Defender, on the briefs).
Alycia Beyrouty, Assistant Mercer County Prosecutor, argued the cause for amicus curiae County Prosecutor's Association of New Jersey (Jeffrey Sutherland, Cape May County Prosecutor, President, County Prosecutor's Association, attorney; Alycia Beyrouty, Laura Sunyak, Assistant Mercer County Prosecutor, Emily M. Pirro, Assistant Somerset County Prosecutor, K. Charles Deutsch, Assistant Bergen County Prosecutor, Kylie E. Finley, Assistant Cape May County Prosecutor, and Bryna Batten, Assistant Cape May County Prosecutor, of counsel and on the brief).
Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation and Rutgers Constitutional Rights Clinic Center for Law & Justice, attorneys; Alexander Shalom, Newark, and Jeanne LoCicero, of counsel and on the brief, and Ronald K. Chen, on the brief).
CJ Griffin argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin and Claude Caroline Heffron, on the brief).
JusticeWAINER APTER delivered the opinion of the Court.
Defendant Andrew Higginbotham was charged with sixteen counts of endangering the welfare of a child under subsection (c) of the definition of "portray a child in a sexually suggestive manner" in N.J.S.A. 2C:24-4(b)(1). Along with the substantive provisions of N.J.S.A. 2C:24-4(b)(1), subsection...
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