STATE OF NEW JERSEY VS. IBRAHIM J. ELDAKROURY
A-5802-12T4
We granted the State's motion for leave to appeal a trial court order dismissing an indictment without prejudice. In affirming the trial court's order, we construed N.J.S.A. 2C:34-7(a), which provides in relevant part that "no person shall operate a sexually oriented business . . . within 1,000 feet of any area zoned for residential use." The statute does not state a mens rea requirement, and we concluded that the standard is "knowingly." We also concluded that the location of the business is a material element of the offense and the State must prove that defendant acted knowingly with respect to that element. Because the State's instructions to the grand jury as to that issue were blatantly wrong, the trial court properly dismissed the indictment without prejudice. We declined to address defendant's constitutional challenge to the statute, which sought a with-prejudice dismissal, because defendant did not file a cross-motion for leave to appeal on that issue.
