State of New Jersey, Plaintiff-Respondent v. Janet Gelman, Now Known as Caitlin Ryerson, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that the phrase “such an offense” in N.J.S.A. 2C:34-1(c)(4) is ambiguously written and, applying the doctrine of lenity, concluded that the defendant’s 1989 petty disorderly persons conviction does not trigger the enhanced fourth‑degree prostitution charge; the indictment was dismissed, the Appellate Division’s reversal was overturned, and the case was remanded. Justice Rivera‑Soto dissented, arguing that the statute’s definitions make the phrase clear and that the indictment should be sustained.