State v. Ervin

577 A.2d 1273 (1990)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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