State v. Ervin

577 A.2d 1273 (1990)

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Facts

N.J.S.A. 2C:35-9 declares that any person who illegally manufactures, distributes, or dispenses any of a list of illegal drugs 'is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and is guilty of a crime of the first degree.' In this case, the defendant challenges the constitutionality of that statute. D procured cocaine which he and his girlfriend shared. She died. as the result. On the ground that N.J.S.A. 2C:35-9 is unconstitutional, D moved before the trial court to dismiss the charge of having caused a drug-induced death. His motion was denied. D pleaded guilty to the charge of violating N.J.S.A. 2C:35-9, and the remaining counts of the indictment were dismissed. He was sentenced to ten years' imprisonment. This appeal resulted. D contends that the strict or absolute liability feature of the statute violates due process of law and exceeds the Legislature's power to create a strict liability crime

Nature Of The Case

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Issues

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Holding & Decision

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