Legal Opinion
State v. Smith
Supreme Court of New Jersey
Decided February 10, 1981PublishedCited by 34 opinions
1Opinion of the Court
The opinion of the Court was delivered by
PASHMAN, J.
Since the enactment in New Jersey of the new Code of Criminal Justice, N.J.S.A. 2C:1-1 to 98-4, L. 1978, c. 95, no person can claim that a sexual assault committed after the effective date of the Code, September 1, 1979, is exempt from prosecution because the accused and victim were husband and wife. The Criminal Code expressly excludes marriage to the victim as a defense against prosecution of sexual crimes. N.J. S.A. 2C:14-5(b). The criminal acts alleged in this case, however, occurred before the effective date of the Code. The issue…
2Cases cited22 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- United States v. HarrissSupreme Court of the United States · 1954
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Doe v. BoltonSupreme Court of the United States · 1973
- Beazell v. OhioSupreme Court of the United States · 1925
17 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Commonwealth v. ChretienMassachusetts Supreme Judicial Court · 1981
- State ex rel. M.T.S.Supreme Court of New Jersey · 1992
- LaFage v. JaniSupreme Court of New Jersey · 2001
- Daniel v. State, Dept. of Transp.New Jersey Superior Court Appellate Division · 1990
- State v. One 1990 Honda AccordSupreme Court of New Jersey · 1998
29 more not listed; retrieve them via the Exa API.