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In re Civil Commitment of C.F.

Superior Court of New Jersey, Appellate Division

October 18, 2013

IN THE MATTER OF THE CIVIL COMMITMENT OF C.F., SVP-446-06.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 2, 2013

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP-446-06.

Patrick Madden, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Amy Beth Cohn, Deputy Attorney General, argued the cause for respondent (John J. Hoffman, Acting Attorney General, attorney).

Before Judges Waugh and Accurso.

PER CURIAM

Appellant C.F. appeals the Law Division's November 13, 2012 order continuing his civil commitment as a sexually violent predator pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.

We set forth the following facts and procedural history in our 2009 opinion affirming C.F.'s initial commitment to the Special Treatment Unit (STU):

C.F. is currently a fifty-year-old man[1]with a history of sexually deviant behavior and pedophilic acts. His first documented incident occurred in 1989; it involved a fourteen-year-old boy whom C.F. picked up as the child was walking home from a friend's house. According to the victim, C.F. abducted him, took him to a remote location, and began fondling him. The boy managed to flee by striking C.F. with a pair of pliers.
C.F. was eventually apprehended, charged and indicted with fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b; second-degree sexual assault, N.J.S.A. 2C:14-2c; and fourth-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. He pled guilty pursuant to a negotiated agreement to fourth-degree criminal sexual contact, N.J.S.A. 2C:24-3b, and fourth-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. He was sentenced in December 1989 to a one-year term of probation, conditioned upon reporting to his probation officer, performing 100 hours of community service and participating in outpatient counseling.
According to the Gloucester County Probation Department, C.F. violated the conditions of his probation less than two months after he was sentenced. In the violation of probation report filed with the court, his probation officer charged that C.F. did not: (1) report as directed; (2) attend the out-patient counseling program; (3) complete the 100 hours of community service; or (4) appear at a scheduled departmental hearing.
The second incident occurred in 1992; this victim was a ten-year old boy. According to the police report, C.F. rode up on his motorcycle and approached the victim as the child was walking home. He offered the boy $20 to watch him masturbate. C.F. was charged with third-degree prostitution, N.J.S.A. 2C:34-1b(7) and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. He pled guilty pursuant to a negotiated agreement to third-degree prostitution, N.J.S.A. 2C:34-1b(7) and was sentenced to a four-year term of imprisonment, to run concurrent to an undisclosed term for violating probation. C.F. was thirty-four years old at the time.
The third incident occurred in June 1998. The victim was a twelve-year-old boy who, according to police reports, C.F. lured into his apartment on the pretext of helping C.F. move some furniture. Once inside the apartment, C.F. fondled the child. The molestation quickly escalated to C.F. performing fellatio on the boy. The police investigation discovered another child victim who alleged that C.F. had given him beer and cigarettes and let ...

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