State v. Cannarella

On this appeal, we have been asked to interpret N.J.S.A. 2C:12-1(b)(5)(d), the statute that elevates the disorderly persons offense of simple assault to third-degree aggravated assault when committed upon “[a]ny school board member, school administrator, teacher, school bus driver, or other employee of a school board....”

More particularly, the question is whether an assault on a private school teacher falls within that enhancing statute. The Appellate Division, applying well-established canons of statutory interpretation and relying on context and legislative history, answered that question…