STATE OF NEW JERSEY VS. KEITH DRAKE A-1514-14T4

STATE OF NEW JERSEY VS. KEITH DRAKE
          A-1514-14T4

The No Early Release Act (NERA) applies to a list of crimes including "subsection b. of N.J.S. 2C:14-2 and paragraph (1) of subsection c. of N.J.S. 2C:14-2, sexual assault." N.J.S.A. 2C:43-7.2(d)(8). Defendant argues that the Legislature's use of the word "and" means that NERA only applies to second-degree sexual assault by penetration using physical force and coercion under N.J.S.A. 2C:14-2(c)(1) if a defendant is simultaneously sentenced for violating N.J.S.A. 2C:14-2(b), which covers sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim. The Appellate Division rejects that argument, and finds that NERA applies to a conviction for either N.J.S.A. 2C:14-2(b) or N.J.S.A. 2C:14-2(c)(1).