State v. J.S.

The opinion of the court was delivered by

ANTELL, P.J.A.D.

Defendant was charged in the first count of an indictment with aggravated sexual assault, N.J.S.A. 2C:14-2a(1), and in the second count with sexual assault, N.J.S.A. 2C:14-2b. The more serious crime charged in the first count was allegedly committed by the digital penetration of the victim’s vagina, she then being less than 13 years of age. The second count charged that the lesser offense of sexual assault was accomplished by “intentionally touching the intimate parts, i.e., breast and inner thigh” of the victim. Defendant’s motion to…