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

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the No Early Release Act (NERA) does not apply to a defendant who pleaded guilty to second-degree sexual assault unless the statute’s "physical force" factor is an element of the offense or is proven by separate evidence. The Court interpreted "physical force" in NERA to require an independent act of force or threat beyond the sexual contact itself. Justice Poritz, dissenting, argued that NERA should apply to all sexual assaults and that the majority’s interpretation conflicts with State v. M.T.S.