State v. Gelman

A person found guilty of “engag[ing] in prostitution,” N.J.S.A. 2C:34-1(b)(1), is punishable as a disorderly person, “except that a second or subsequent conviction for such an offense constitutes a *478crime of the fourth degree,” N.J.S.A. 2C:34-1(c)(4) (emphasis added). With that law in mind, a Morris County grand jury returned an indictment charging defendant Janet Gelman with fourth-degree engaging in prostitution based, in part, on defendant’s prior petty disorderly persons conviction for prostitution under a differently-worded predecessor statute, L. 1978, c. 95, § 2C:34-1 (current version…