es347fan
06-26-2003, 08:19 AM
Court OKs Charges in Child Phone Sex Case
Wed Jun 25, 6:34 AM ET
TRENTON, N.J. - A man who called a 10-year-old girl and persuaded her to touch herself sexually can be charged with sexual assault, even though he never met the girl, a state appellate court has ruled.
The ruling issued Tuesday rejected an appeal by James Maxwell, 52, of North Haledon, who received a 12-year state prison term after he pleaded guilty in April 2001 to aggravated sexual assault and multiple counts of child endangerment. He admitted making obscene phone calls to several young girls between the fall of 1998 and June 1999.
Maxwell never met any of the children, who ranged in age from 8 to 14 and also lived in North Haledon. He found them after reading stories about them in weekly newspapers and was charged under a law that includes a sex act that takes place "upon the actor's instruction."
"This (ruling) affirms the notion that the law is dynamic," said Joseph Del Russo, Passaic County's chief assistant prosecutor.
Maxwell's lawyer, Edward Jerejian, said the law was invalid because his client and the victim were never in the same place. He plans to appeal the ruling to the state Supreme Court.
"I think there is a strong contention that the statute was not intended to be applied in situations like this," he said. "This opens the door for wide-ranging results."
Wed Jun 25, 6:34 AM ET
TRENTON, N.J. - A man who called a 10-year-old girl and persuaded her to touch herself sexually can be charged with sexual assault, even though he never met the girl, a state appellate court has ruled.
The ruling issued Tuesday rejected an appeal by James Maxwell, 52, of North Haledon, who received a 12-year state prison term after he pleaded guilty in April 2001 to aggravated sexual assault and multiple counts of child endangerment. He admitted making obscene phone calls to several young girls between the fall of 1998 and June 1999.
Maxwell never met any of the children, who ranged in age from 8 to 14 and also lived in North Haledon. He found them after reading stories about them in weekly newspapers and was charged under a law that includes a sex act that takes place "upon the actor's instruction."
"This (ruling) affirms the notion that the law is dynamic," said Joseph Del Russo, Passaic County's chief assistant prosecutor.
Maxwell's lawyer, Edward Jerejian, said the law was invalid because his client and the victim were never in the same place. He plans to appeal the ruling to the state Supreme Court.
"I think there is a strong contention that the statute was not intended to be applied in situations like this," he said. "This opens the door for wide-ranging results."