State v. Newton

The opinion of the court was delivered by

William J. Brennan, Jr., J.

Under the 1950 Act for the Treatment of Sex Offenders, N. J. S. 2A :164-3 et seq., L. 1950, c. 207, p. 454, a judge may not impose a prison sentence upon a person convicted of rape, carnal abuse, sodomy, open lewdness, indecent exposure or impairing the morals of a minor, or of an attempt to commit any such offense, if the Diagnostic Center reports, from an examination of the offender, that his conduct was characterized by a pattern of repetitive, compulsive behavior, and either violence or an age disparity from which it…