State v. Thomas

State v. Thomas, 166 N.J. 560, 767 A.2d 459, (2001) involved the application of NERA to a conviction based on a guilty plea to a charge of second-degree sexual assault, in violation of N.J.S.A. 2C:14-2b, the elements of which are "an act of sexual contact," a victim who was "less than 13 years old" and "an actor . . . who was at least four years older than the victim." In Thomas, the Court concluded that the legislative intent in enacting NERA was to impose a mandatary period of parole ineligibility of 85% of the sentence upon only the most violent first- and second-degree offenders: The legislative history indicates that the primary purpose to be advanced by NERA was to enhance the punishment for the most violent criminals in society. The impetus behind enacting NERA was not for all first- and second-degree criminals to serve 85% of their base-sentences, but that only those who are deemed to be the most violent in society should face a NERA sentence. 166 N.J. at 570, 767 A.2d 459.