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Tuesday, July 15, 2008

State v. Janet Gelman, n/k/a Caitlin Ryerson

7-8-08 (A-42-07)

The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus
compelled to apply the doctrine of lenity and dismiss the indictment.