New Jersey Aggravated Criminal Sexual Contact Lawyers

Aggravated Criminal Sexual Contact Defined

1. Definition of Sexual Contact in New Jersey

Under N.J.S.A. 2C:14-2, 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, 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.

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 criminal sexual contact.