State of New Jersey, Plaintiff-Appellant v. Jimmie Lee Thomas, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision that the No Early Release Act (NERA) does not apply to a defendant who pleaded guilty to second‑degree sexual assault involving a non‑penetrative touching of a child. The Court interpreted the term “physical force” in NERA to require an independent act of force or threat beyond the sexual contact itself, concluding that the statutory phrase is ambiguous and must be read in light of legislative history. The majority distinguished the earlier M.T.S. definition of physical force, holding that it does not control the NERA context. Chief Justice Poritz dissented, arguing that any non‑consensual sexual contact should satisfy the “physical force” requirement.