State v. Blount
State v. Blount
Opinion of the Court
The opinion of the Court was delivered by
The primary issue in this case is whether a conviction can be obtained under N. J. S. A. 2A:96-4, “Contributing to Delinquency of Child,” without proof that the child has become delinquent as a result of defendant’s conduct.
The defendant, James Blount, was indicted for carnal abuse of S., an 11 year old girl, in violation of N. J. S. A. 2A:138-1. He was also indicted for violating N. J. S. A. 2A:96-4 in that he “encouraged, caused and contributed to the delinquency” of the child, S., ifby willful acts, to wit: in the nighttime he took [S.] to a vacant house and exposed himself and fondled her private parts.” The indictments were consolidated for trial.
The evidence at the trial was as follows: On July 2, 1968, at about 10:00 p.m. Blount, 26 years old, drove S., together
Liverman testified that after he, Blount and the girls entered the kitchen, Blount led S. into the living room. He said that a few minutes later he heard S. holler “Leave me alone or something like that.” He and E. hurried into the living room and saw Blount sitting on the couch with his arm around S. S. was “trembling” at the time and on the trip home she “seemed all upset.”
The foregoing testimony constituted the State’s case. Ho evidence was presented that S. became delinquent as a result of the episode.
■Called on behalf of the defendant, E. testified that while in the kitchen with Liverman she heard S. scream and that when she entered the living room the defendant and S. were sitting at opposite ends of the couch. On cross-examination
The defendant denied touching S. or sitting on the couch with her. He testified that he had gone into the living room alone and was standing by the window when one of the girls entered. He did not know which girl it was.. He thought the girl had screamed because she was surprised to come upon him there.
Following the court’s charge, to which no objection was made, the jury acquitted the defendant of carnal abuse
Defendant appealed on the ground that the State failed to prove the charge in the indictment in that there was no evidence that he exposed himself or that he fondled the victim’s private parts. After oral argument in the Appellate Division, the Court questioned whether the conviction was sustainable under N. J. S. A. 2A:96-4 and requested supplemental briefs on this point. The statute reads as follows:
A parent, legal guardian or person having the custody or control of a child, who by any continued negligence or willful act, encourages, causes or contributes to the child’s delinquency, or any other person who by any willful act encourages, causes or contributes to a child’s delinquency, is guilty of a misdemeanor.
After the supplemental briefs were considered, the Appellate Division reversed the conviction and remanded the case to the trial court for entry of a judgment of acquittal. 114 N. J. Super. 211, 216 (1971). The Court stated, “It is clear from the proofs that whatever occurred in the living
We reverse. We construe N. J. S. A. 3A:96-4 to require only that the defendant’s actions have a tendency to cause rather than result in a child’s delinquency. It is true that the terms “causes” and “contributes,” as used in the statute, apply only to cases where the child has become a delinquent because of the defendant’s conduct or is a delinquent at the time of such conduct.
The word “encourage” means to incite, induce, embolden, urge, stimulate, instigate, promote or advance. Webster’s New International Dictionary (2nd ed. 1959). The vast majority of courts have held that the terms “encourage” or “encourages” in statutes substantially similar to N. J. S. A. 3A :96-4 do not require that the encouragement succeed, i. e., that the child become delinquent. Lovvorn v. State, 215 Tenn. 659, 389 S. W. 2d 252 (1965); Williams v. City
Our conclusion is borne out by the legislative history of N. J. S. A. 2A:96-4. Its forerunner, enacted in 1912 (L. 1912, c. 163), reads as follows:
*29 In all cases when a child shall he held to he a delinquent child or a juvenile delinquent person, as defined hy the statutes of this State, the parent or parents, legal guardian or person having the custody and control of such child, or any other person willfully responsible for, or who, by any continued negligence or willful act or acts, encourage, cause or contribute to the delinquency of said child, shall bo guilty of a misdemeanor. (Emphasis added.)
It is evident from the italicized language the 1912 statute mandated there be a holding that the child is a delinquent in order to obtain a conviction.
The above statute remained substantially the same
The Appellate Division said that the deletion in N. J. S. A. 2A :96-4 merely meant that there need not be a prior adjudication of delinquency in order to prosecute an offender. 114 N. J. Super., supra at 214. However, it construed N. J. S. A. 2A:96-4 to require a finding of the child’s delinquency before an accused could be convicted. Id. at 213-214. We do not read the statute so narrowly. The effect of the deletion was to make our statute substantially the same as those statutes in other states which have been construed by their courts as penalizing any act which may have a tendency to cause delinquency, whether or not delinquency actually results. See, e. g., Lovvorn v. State, supra; Williams v. City of Malvern, supra; Wallin v. State, supra. We think the above decisions are correct in their construction of those statutes. Our Legislature by eliminating the “held to be” clause quoted above did away with the requirement that the child be found to have become a delinquent as a re-
As we previously mentioned, the Appellate Division said the defendant could have been charged with violating N. J. S. A. 2A:96-3. It stated, “N. J. S. A. 2A:96-3 was enacted in 1945 to protect children under 16 from acts which tend to debauch or impair the child’s morals as distinguished from an assault and battery. Under N. J. S. A. 2A:96-3 there need be no showing that the child actually became delinquent.” 114 N. J. Super., supra at 215. That statute provides :
Any person who forces or induces any child under the age of 16 years to do or to submit to any act which tends to debauch the child or impair its morals, is guilty of a misdemeanor.
The Court reasoned, “[UJnless N. J. S. A. 2A.-96-4 requires a finding that the child is subject to a charge of being delinquent under N. J. S. A. 2A:4r-14 [defining delinquency], it would have been repealed when N. J. S. A. 2A:96-3 was enacted.” 114 N. J. Super., supra at 215.
However, N. J. S. A. 2A:96-3 was enacted at the same time as N. J. S. A. 2A:96-4 in the Revision of 1951. N. J. S. A. 2A:96-3 contains virtually the same language as that of chapter 242 of the Laws of 1945.
The two statutes as they now exist, although differently phrased, appear to proscribe the same kind of conduct except that N. J. S. A. 2A:96-4 refers to a child under 18, see State v. Montalbo, 33 N. J. Super. 462, 467 (Cty. Ct. 1954), whereas N. J. S. A. 2A:96-3 refers to a child under 16. Indeed, the State concedes the defendant in the present case could have been charged with a violation of N. J. S. A. 2A:96-3. But that fact does not detract from our conclusion. Specific conduct may violate more than one statute. See State v. Covington, 59 N. J. 536 (1971); State v. States, 44 N. J. 285, 291 (1965); State v. Reed, 34 N. J. 554, 572-573 (1961).
Before us the defendant raises the point which the Appellate Division did not reach. He contends that the State failed to prove the charge in the indictment in that there was no evidence that he “exposed himself” or that he fondled the victim’s “private parts.” He argues there was no proof that S. saw the alleged exposure but rather she merely heard a zipper being opened. The defendant also maintains that there was no evidence that he touched S.’s private parts, i. e., her genitals.
It is true that S. did not actually see the defendant expose himself. But the defendant overlooks the evidence. Under the circumstances of this case, it is not necessary that defendant’s exposure be seen but only that the victim be aware of it, whether through hearing, touch or some other sense. Cf. N. J. S. A. 2A:115-1. Here, where there was evidence that after hearing defendant’s zipper being opened S. felt something between her legs, the jury could reasonably find that the defendant willfully exposed himself to her.
We also think the evidence, that the defendant pulled down S.’s underpants and felt her bare buttocks, permitted the jury to properly find he fondled her “private
We are satisfied that the words of the indictment gave the defendant adequate notice of the prohibited conduct, and the crime with which he was charged.
The judgment of the Appellate Division is reversed and the defendant’s conviction in the trial court is reinstated.
For reversal—-Chief Justice Weintkaub and Justices Jacobs, Peoctoe, Hall, Schettino and Mountain—6.
For affirmance—None.
The room was not totally dark for, as the defendant later testified, the street lights shining through the front window partially illuminated the room.
The trial judge charged the jury, in accordance with State v. Huggins, 84 N. J. L. 254, 259 (E. & A. 1913), that “carnal abuse is an act of debauchery of the female sexual organ by the genital organ of the male which does not necessarily amount to penetration committed by a male of sixteen years or over upon a female under the age of twelve.” See State v. MacLean, 135 N. J. L. 491, 494 (Sup. Ct. 1947) ; Application of Faas, 42 N. J. Super. 31, 35 (App. Div. 1956) : See also State v. Rhein, 117 N. J. Super. 112, 117 (App. Div. 1971).
Juvenile delinquency includes “Immorality,” or “Deportment endangering tlie morals, health or general welfare of a child.” N. J. S. A. 2A :4-14 (g) and (m). See State in Interest of L. N., 109 N. J. Super. 278 (App. Div.), aff’d o. b., 57 N. J. 165 (1970).
At the time of Lovvorn the Tennessee statute read in pertinent part:
Any adult who shall contribute to or encourage the delinquency of a child whether by aiding or abetting or encouraging the said child in the commission of an act of delinquency or by participating as a principal with the child in an act of delinquency or by aiding the child in concealing an act of delinquency following its commission shall be guilty of a misdemeanor .... Section 37-270 T.G.A. At the time of Williams the Arkansas statute read in pertinent part:
Any person who shall, by any act, cause, encourage or contribute to the . . . delinquency of a child, as these terms . . . are defined . . . shall be guilty of a misdemeanor .... Sec. 45-239 Arle. Stat. 1947 Annot.
At the time of WalUn the Oklahoma statute read in pertinent part:
Every person who shall knowingly or willfully cause, aid, abet or encourage a minor to be, to remain, or to become a delinquent child, as defined . . . shall be guilty of a misdemeanor .... 21 0. 8. sec. 856.
See Revision of 1937 (R. S. 2:117—7).
Chapter 242 of the Laws of 1945 reads:
Any person who shall force or induce any child under the age of sixteen years to do or to submit to the doing of any act which tends to debauch such child or which tends to impair the morals of such child shall be guilty of a misdemeanor.
Reference
- Full Case Name
- STATE OF NEW JERSEY v. JAMES BLOUNT, DEFENDANT-RESPONDENT
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- 2 cases
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- Published