Touching of Anothers Buttocks During Inappropriate Horseplay Not a Violation of Criminal Sexual Contact. in Re D.W. ___ NJ Super. ___ (2005) A-1980-04T4, Decided October 8, 2005

Touching of Anothers Buttocks During Inappropriate Horseplay Not a Violation of Criminal Sexual Contact. in Re D.W. ___ NJ Super. ___ (2005) A-1980-04T4, Decided October 8, 2005 While the evidence supported the trial judge's finding that the juvenile had touched the victim's buttocks, and caused her embarrassment, the court determined that the evidence was insufficient to warrant a finding that the juvenile's purpose was to degrade or humiliate her in violation of N.J.S.A. 2C:14-3(b). Common sense required a rejection of the state's claim that the juvenile engaged in criminal sexual contact because the juvenile's conduct only amounted to inappropriate horseplay between classmates.