Sex crimes in New Jersey carry harsh penalties for violators, but clearing your name of the charges is possible with a knowledgeable criminal defense attorney. At Aiello, Harris, Abate Law Group PC, our New Jersey criminal sexual contact lawyers approach these cases without judgment. We gather sufficient evidence and advocate on your behalf when law enforcement officers bring charges against you.
Discover what criminal sexual contact charges entail and the defense strategies we explore in cases like these.
What Is Criminal Sexual Contact in New Jersey?
According to the New Jersey Code of Criminal Justice, criminal sexual contact involves engaging in any type of sexual conduct in any of the following circumstances:
The victim is either 16 or 17, and the perpetrator is:
A blood relative
A parent or guardian
In a supervisory role over the victim
The victim is between the ages of 13 and 15, and the perpetrator is at least four years older.
The victim is between the ages of 18 and 21 without a high school diploma. The actor must serve as a teaching staff member for the victim.
The accused has supervisory or disciplinary power over the victim due to their job or legal status.
The perpetrator uses physical force that doesn’t leave the victim with a severe injury.
What Is the Difference Between Criminal Sexual Contact and Aggravated Criminal Sexual Contact?
New Jersey criminal sexual contact statutes N.J.S.A. 2C:14-2 and N.J.S.A. 2C:14-3 outline the criteria for these offenses. Aggravated criminal sexual contact is a more serious offense since it involves:
A victim between 13 and 15 and a perpetrator who is:
A blood relative
A parent or guardian
In a supervisory or disciplinary role over the victim
Committing an act during another crime, such as a kidnapping, carjacking, or robbery
A perpetrator who is aided or abetted by another person
A lack of consent from the victim and coercion from the perpetrator
A victim the accused knows is:
Physically helpless
Mentally incapacitated
Incapable of understanding the sexual nature of the act
These instances count as third-degree crimes, in which case our New Jersey criminal sexual contact lawyers know how to litigate for clients facing such charges.
Sexual Assault Charges Dismissed in Somerville, NJ
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
Penalties for Criminal Sexual Contact in New Jersey
According to the New Jersey penal code, anyone convicted of criminal sexual contact in the fourth degree could receive a sentence of up to 18 months in prison. Other potential penalties for criminal sexual contact in New Jersey include large fines and mandatory registration on the state’s list of convicted sex offenders.
Convicted offenders have to live with the consequences of their actions for years to come. Having this offense on your criminal record can affect your housing and employment opportunities.
Criminal Sexual Contact FAQ
What is criminal sexual contact in New Jersey? What is the difference between criminal sexual contact and aggravated criminal sexual contact? We receive many questions regarding these complex legal cases.
Learn more about sex crime charges below.
What Is the Statute of Limitations for Criminal Sexual Contact in New Jersey?
The statute of limitations for these cases is five years from the date of the act. The deadline extends for victims under the age of 18. Cases involving minors may be filed within five years of the victim turning 18 or two years of becoming aware of the offense.
What Constitutes Sexual Contact?
Sexual contact refers to the intentional touching of intimate parts either directly or over clothing. The act must occur with the main purpose of either degrading a victim or sexually arousing or gratifying the perpetrator.
Does Kissing Count As Sexual Contact?
Yes, non-consensual kissing qualifies as a sex crime, especially if an actor kisses any of a victim’s intimate parts.
How Is Consent Determined in New Jersey?
New Jersey’s legal age of consent is 16. Individuals must provide consent either verbally or with their actions.
What Is Criminal Sexual Contact in the Fourth Degree?
Criminal sexual contact is a fourth-degree offense that carries a maximum prison sentence of 18 months for convicted offenders. Our New Jersey criminal sexual contact lawyers aim to clear a defendant’s name of any wrongdoing in these cases.
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Criminal Defenses for Criminal Sexual Contact
Sex crime legal defense strategies vary. New Jersey criminal sexual contact lawyers work with the accused to better understand the nature of the incident. A common defense in these cases involves a reasonable belief that the victim consented before any contact occurred.
At Aiello, Harris, Abate Law Group PC, we understand the intricacies of these cases and the arguments prosecutors use against defendants. We’re a trusted law firm with extensive knowledge of statutes about sex crimes, and the New Jersey and federal sex crime laws.
If you need a sexual assault lawyer, our legal team is ready to answer the call.
Call us today at (908) 873-3571 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.
Contact our New Jersey Criminal Sexual Contact Lawyers
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