State v. Burden

*152OPINION

VILLANUEVA, J.S.C.

The defendants were indicted for five counts of first degree aggravated sexual assault (as well as five counts of kidnapping, terroristic threats and possession of a weapon for an unlawful purpose), allegedly committed against two victims, ages 15 and 18.

The issue presented is whether second degree “statutory rape”, N.J.S.A. 2C:14-2c(5), is a lesser included offense of first degree aggravated sexual assault, N.J.S.A. 2C:14-2a.

Because second degree statutory rape has different and greater elements relating to the ages of the victim and the actor than first degree…