Friday, December 17, 2010
The New Jersey Appellate Division has affirmed the dismissal of criminal charges of criminal sexual contact arising out of the defendant's masturbation in view of another adult. according to the court
...a person's touching of his own intimate parts within view of a non-consenting adult is not sufficient to prove criminal sexual contact...if a defendant was merely "adjusting himself" without the requisite purpose, he would not be guilty of fourth-degree criminal sexual contact. Such conduct might fit within the language of the lewdness statute.
The conduct took place in a community college elevator. The victim reported he was masturbating; the defendant said he was adjusting himself. (Mike Frisch)