cdTOCtest

a defense that the actor mistakenly believed that the child
was eighteen years of age or older, even if such mistaken
belief was reasonable. This is a third degree crime.
N.J.S.A. 2C:34-1c(2).

In 1997, an additional related section was added to
the code, N.J.S.A. 2C:34-1.1 “Loitering for the Purpose
of Engaging in Prostitution.” (See also, LOITERING,
this Digest.) This delineates the offense of engaging in
conduct in certain public places that demonstrates the
purpose to engage in prostitution. The actor must have
that purpose, and it must be demonstrated by conduct.

The public locations in which loitering for the
purpose of engaging in prostitution are prohibited are
described as any place “to which the public has access.”
See N.J.S.A. 2C:34-1.1a. Illustrations of such places are:
a public street, sidewalk, bridge, alley, plaza, park,
boardwalk, driveway, parking lot or transportation
facility, public library, doorways and entrance ways to
any building which faces such places, or a motor vehicle
in or on any of these places. See N.J.S.A. 2C:34-1.1a.

Examples of conduct which might, under the
circumstances be considered adequate evidence of a
purpose to engage in prostitution or promoting
prostitution include: repeatedly beckoning or stopping
pedestrians or motorists in a public place, repeatedly
attempting to stop or engage passers-by in conversation
or repeatedly stopping or attempting to stop motor
vehicles. See N.J.S.A. 34-1.1c(1) - (3).

An additional, related statute is N.J.S.A. 2C:33-12,
which covers maintaining a house of prostitution. It is
entitled “Maintaining a nuisance,” and provides in
pertinent part that a person is guilty of maintaining a
nuisance when he “knowingly conducts or maintains any
premises, place or resort as a house of prostitution...”
N.J.S.A. 2C:33-12c. A violation of this statute is a fourth
degree crime. N.J.S.A. 2C:33-12c.

PUBLIC DEFENDERPUBLIC DEFENDERPUBLIC DEFENDERPUBLIC DEFENDERPUBLIC DEFENDER

(See also, COSTS, this Digest)

A. Statutory and Constitutional Basis

The Sixth Amendment to the United States

Constitution, made applicable to the states through the

Fourteenth Amendment, guarantees an accused the right

to have the assistance of counsel in order to protect the

person’s fundamental right to a fair trial. See, Gideon v.

Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799

(1963). In addition, Article 1, ¶ 10 of the New Jersey

Constitution guarantees defendants the right to counsel

in New Jersey.

In enacting the New Jersey Public Defender Act,

N.J.S.A. 2A: 158A-1 et seq., our Legislature chose to

establish a unitary, centralized system, as distinguished

from a system of assigning counsel, as a means of meeting

the State’s obligation of providing for the defense of

litigants under federal constitutional standards.

New Jersey has long held that the right of an accused

who is indigent to have counsel assigned without charge

is a fundamental right. See, State v. Rush, 46 N.J. 399,

403-04 (1966). In furtherance of this longstanding

policy, the Legislature created the Office of the Public

Defender in 1967 (N.J.S.A. 2A:158A-1 et seq.; L. 1967,

c. 43, § 1). In the Act, the Public Defender is charged

with the duty of providing for the legal representation of

any indigent defendant who is formally charged with the

commission of a crime. N.J.S.A. 2A:158A-5. In the same

section of the statute he was also required to provide “all

necessary services and facilities of representatives

(including investigation and other preparation)...”

Under this system, the State assumed all costs for

attorneys and for ancillary services. Matter of Cannady,

126 N.J. 486, 490 (1991).

B. Definition of Indigent

An “indigent defendant” is defined by the Public

Defender Act to mean “a person who is formally charged

with the commission of an indictable offense, and who

does not have the present financial ability to secure

competent legal representation as determined by the

factors in Section 14 of P.L. 1967, c. 43 (N.J.S.A.

2A:158A-14), and to provide all other necessary expenses

of representation. N.J.S.A. 2A:158A-2.