Defendant next argues that his prosecution should be dismissed under N.J.S.A. 2C:2-11(b) because the action complained of was a joke or cat call. This, too, is unpersuasive. For the reasons set forth hereinbelow, defendant’s message was neither, but rather constituted “sexual conduct” that “impaired or debauched” J.T.’s morals.
a. Sexual Conduct
In arguing that the message in question was nothing more than a joke or modern-day cat call, defendant contends that it was not “sexual conduct.” He concludes that “to include such a facially facetious statement in the same realm as the sexual abuse of young children was not the legislative intent of the child endangerment statute.”
An interesting fact recognized by psychiatrists and the Diagnostic and Statistical Manual of Mental Disorders (DSM), is that it is normal to be sexually attracted to a post-pubescent minor. This is because post-pubescent individuals possess the physical treats that healthy adults are attracted to. It is clearly abnormal, however, to act on the natural attraction by pursuing a physical relationship with a minor. This includes minors that are seventeen years old.