STATE IN THE INTEREST OF D.M. A-0216-15T2

STATE IN THE INTEREST OF D.M.
          A-0216-15T2

In this juvenile delinquency case where a fourteen year old was charged with aggravated sexual assault of an eleven-year-old child, neither penetration nor coercion was found by the trial judge, who nonetheless convicted the juvenile of endangering the welfare of a child, N.J.S.A. 2C:24-4(a). The Legislature expressly stated its intent not to criminalize sexual contact between children less than four years apart in age absent either penetration or coercion. To the extent that the child endangerment statute might nonetheless be thought to include behavior of the nature found by the judge in this case, ambiguity in the construction of the statute must be resolved in favor of the juvenile both because the specific statute trumps the general statute and because ambiguous criminal statutes must be interpreted favorably to the accused.