Juvenile S.M.I. (16 years old) appeals from an adjudication of delinquency on a charge that, if committed by an adult, would constitute second-degree sexual assault, N.J.S.A. 2C:14–2c(1). We have reviewed the record and now affirm. The juvenile was originally charged with the first-degree offenses of kidnapping, N.J.S.A. 2C:13–1b(1), and aggravated sexual assault, N.J.S.A. 2C:14–2a(3). At a trial conducted on four dates in November and December 2010, the State presented testimony from five witnesses including the 13-year-old girl, and the defense presented testimony from six witnesses including the juvenile. Several of the witnesses were teenage acquaintances and relatives of the girl and the juvenile, but there were no eyewitnesses to the incident. The girl’s testimony was crucial to prove the circumstances of the sexual activity.

Facts

The juvenile (age 16) and the girl (age 13) lived on the same street. The girl testified that she first met him on the date of the alleged sexual assault. However, the juvenile and other witnesses testified that the two were previously acquainted, albeit only for a few days or weeks. The girl testified that in the late afternoon of July 18, 2010, the juvenile came to her door when she was home alone. She did not invite him in, but she did not stop him from stepping into the house, and later from following her upstairs to her bedroom. She testified that she told him he must leave because her father would soon arrive home from work and would be displeased with his presence in the house, but the juvenile did not leave.....

1. List all the evidence relevant to determining whether M.T.S.’s actions satisfied the intrinsic force requirement.

2. Summarize the court’s reasoning for adopting the intrinsic force rule.

3. Taking into account the evidence, decision, and reasoning in Berkowitz, which do you believe is the better approach to the force requirement—

extrinsic or intrinsic force? Explain your answer.

4. Should legislatures or courts decide which rule to adopt? Explain your answer.