State of New Jersey, Plaintiff-Appellant v. Jeremiah Hupka, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s reversal of the trial court’s order of permanent forfeiture and disqualification, holding that the defendant’s fourth‑degree criminal sexual contact did not involve or touch his law‑enforcement positions and therefore did not trigger N.J.S.A. 2C:51‑2(d). The Court applied a de novo review and emphasized the 2007 statutory amendment and the McCann definition of “involving or touching.” The opinion notes a dissent arguing for a broader reading.