NJ Aggravated Criminal Sexual Contact Lawyers

Under N.J.S.A. 2C:14-2(b), sexual contact refers to a form of second-degree sexual assault under New Jersey law. It applies when a person engages in sexual contact with another individual and:

  • The victim is less than 13 years old, and
  • The actor is at least four years older than the victim.

This statute is designed to protect minors under 13 from sexual acts by significantly older individuals, recognizing the vulnerability of young children. A conviction can carry severe penalties, including a presumption of incarceration, registration under Megan’s Law, and parole supervision under the New Jersey Sex Offender Act.

1. Definition of Sexual Contact in New Jersey

Under N.J.S.A. 2C:14-2(b), sexual contact is defined as the intentional touching of intimate parts, directly or through clothing, for degrading or humiliating the victim or sexually arousing or gratifying the actor. When the victim is under 13 years old and the actor is at least four years older, it constitutes second-degree sexual assault.

Intimate parts include genital areas, inner thighs, buttocks, or breasts, and the law is strictly protective of minors in these circumstances.

2. Application to Juveniles Charged

Juveniles accused under this statute are handled through the juvenile justice system, which differs from adult courts’ focus on rehabilitation rather than punishment. Factors like the juvenile’s age, prior record, and the circumstances of the offense are considered. However, in severe cases, the juvenile may be waived to adult court if deemed appropriate.

Juveniles convicted may face incarceration in juvenile facilities, mandatory counseling, and potentially registration under Megan’s Law if tried as adults.

3. Role of Consent

In cases involving victims under the age of 13, consent is not a defense. New Jersey law presumes that children under 13 cannot legally consent to any form of sexual activity due to their age and lack of capacity to make informed decisions. For victims between 13 and 16, consent might be contested, but age disparities and the actor’s position of power (e.g., teacher, guardian) significantly impact the outcome.

4. Elements of Proof

To secure a conviction under N.J.S.A. 2C:14-2(b), the prosecution must prove the following beyond a reasonable doubt:

  • The victim was under 13 years old at the time of the incident.
  • The actor engaged in sexual contact as defined by the statute.
  • The actor was at least four years older than the victim.
  • The contact was intentional and for the purpose of sexual arousal, gratification, or humiliation.

Corroborating evidence, such as victim testimony, physical evidence, and expert witness reports, often plays a crucial role.

5. Sexual Assault Response Team (SART)

New Jersey’s Sexual Assault Response Team (SART) provides comprehensive support for victims, including:

  • Immediate medical attention: Ensuring physical well-being and collecting forensic evidence.
  • Crisis counseling: Support for victims and their families.
  • Law enforcement collaboration: Ensuring evidence is collected properly and victims are treated respectfully.

Immediate medical attention: Ensuring physical well-being and collecting forensic evidence.

Crisis counseling: Support for victims and their families.

Law enforcement collaboration: Ensuring evidence is collected properly and victims are treated respectfully.

  • Imprisonment: 5 to 10 years for second-degree sexual assault.
  • Fines: Up to $150,000.
  • Mandatory Counseling: Participation in treatment programs for sexual offenders.
  • Probation or Parole Supervision for Life: As required under Megan’s Law.

6. Fines and Penalties

Conviction under N.J.S.A. 2C:14-2(b) carries severe penalties:

  • Imprisonment: 5 to 10 years for second-degree sexual assault.
  • Fines: Up to $150,000.
  • Mandatory Counseling: Participation in treatment programs for sexual offenders.
  • Probation or Parole Supervision for Life: As required under Megan’s Law.

7. Megan’s Law and Parole Supervision for Life

Convicted individuals are subject to:

  • Megan’s Law Registration: Offenders must register with local law enforcement and notify authorities of address changes. Information about high-risk offenders may be made public.
  • Parole Supervision for Life (PSL): Continuous monitoring by parole officers after release. This includes restrictions on residency, contact with minors, and internet usage. Violations can result in re-incarceration.

Under N.J.S.A. 2C:14-3, sexual contact becomes aggravated criminal sexual contact when it involves certain aggravating factors. It is classified as a third-degree crime in New Jersey, less severe than sexual assault but more serious than simple criminal sexual contact.

When Sexual Contact Becomes Aggravated

Sexual contact is elevated to aggravated criminal sexual contact (N.J.S.A. 2C:14-3(a)) if it occurs under any of the following circumstances:

  1. Use of Physical Force or Coercion Without Severe Injury
    • The actor uses force or coercion to compel the victim to engage in sexual contact, but there is no severe bodily injury.
  2. Victim’s Incapacity to Consent
    • The victim is mentally incapacitated, physically helpless, or otherwise unable to provide lawful consent.
  3. Actor’s Position of Power or Authority
    • The actor has supervisory or disciplinary power over the victim (e.g., a teacher, coach, or employer), and the victim is under their influence.
  4. Age Disparity
    • The victim is between 13 and 16 years old, and the actor is at least four years older.
  5. Relationship to Victim
    • The victim is related to the actor by blood or affinity (e.g., parent, guardian, sibling, or other close relative).
  6. During the Commission of Certain Crimes
    • The sexual contact occurs during the commission, attempted commission, or flight after committing specific other crimes like kidnapping or burglary.

Penalties for Aggravated Criminal Sexual Contact In New Jersey

Third-Degree Aggravated Criminal Sexual Contact

A conviction for aggravated criminal sexual contact as a third-degree crime carries the following penalties:

  • Imprisonment: 3 to 5 years in prison.
  • Fines: Up to $15,000.
  • Mandatory Registration Under Megan’s Law: Offenders must register and comply with all its requirements.
  • Parole Supervision for Life (PSL): Continuous monitoring and restrictions post-incarceration.

Defend Your Rights with The Aiello Harris Abate Law Group

If you or a loved one has been accused of criminal sexual contact in New Jersey, the stakes couldn’t be higher.  A conviction can lead to devastating consequences, including prison time, steep fines, mandatory registration under Megan’s Law, and lifelong parole supervision. Your future, reputation, and freedom are on the line—and you need experienced, aggressive legal representation to fight for your rights.

At the Aiello Harris Abate Law Group, we have decades of proven experience in defending individuals against complex criminal charges, including N.J.S.A. 2C:14-2(b) and 2C:14-3 offenses. Our team of dedicated attorneys understands the nuances of New Jersey’s sexual offense laws and how to challenge the prosecution’s case effectively. We will examine every element of your case, including the role of consent, age-related factors, and any alleged aggravating circumstances.

Why Choose The Aiello Harris Abate Law Group?

  • Vast Criminal Law Experience: Our attorneys are seasoned trial lawyers with a deep understanding of New Jersey’s criminal justice system. We know how prosecutors build their cases—and how to dismantle them.
  • Comprehensive Defense Strategies: From challenging the admissibility of evidence to questioning witness credibility, we leave no stone unturned in crafting a robust defense.
  • Compassionate Client Support: Facing criminal charges is overwhelming. We guide you through every step of the legal process, ensuring you feel informed and empowered.
  • Proven Results: Our track record speaks for itself. We have successfully secured dismissals, reduced charges, and favorable outcomes for countless clients.

Don’t Face Aggravated Criminal Sexual Contact Charges Alone

The legal system can feel stacked against you, but with The Aiello Harris Abate Law Group, you’ll have a powerful advocate in your corner. Time is critical—contact us today for a confidential consultation and take the first step toward protecting your future.

Act Now to Protect Your Rights

Delaying action can jeopardize your case. The prosecution is already building their argument — don’t give them the upper hand.  At the Aiello Harris Abate Law Group, we are prepared to act immediately, investigating the evidence, interviewing witnesses, and developing a tailored defense strategy designed to achieve the best possible outcome for you.

Whether you’re facing charges of criminal sexual contact, aggravated criminal sexual contact, or any related sex crime offenses in New Jersey, our attorneys are committed to defending your rights with skill, determination, and discretion. We understand the profound impact these charges can have on your life and are here to provide the aggressive representation you need and the compassionate support you deserve.

Take control of your situation today. Your future is worth fighting for, and the attorneys at the Aiello Harris Abate Law Group are here to ensure that your voice is heard.

Contact our NJ Aggravated Criminal Sexual Contact Attorneys today

Call us today at (908) 561-5577, or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.