NJSA 2C:14 (The New Jersey Sexual Assault Statute) Lawyers

NJSA 2C:14

The New Jersey Sexual Assault Statute

New Jersey law enforcement takes sex crimes extremely seriously, with harsh punishments for convicted offenders. Given the severity of these crimes and the devastating effect they have on victims, sex offenders can face lengthy prison sentences, steep fines, and other penalties.

How does the state of New Jersey define and address sexual assault cases? This comprehensive guide delves into the entire chapter of New Jersey’s Sexual Assault Statute, N.J.S.A. 2C:14. Learn what’s at stake if you’re facing sexual assault charges and how Aiello, Harris, Abate Law Group PC can assist with your defense.

Table Of Contents

2C:14-1 – Definitions
2C:14-2 – Sexual Assault
2C:14-2.1 – Protocols for Sexual Assault Cases
2C:14-3 – Criminal Sexual Contact
2C:14-4 – Lewdness
2C:14-5 – Provisions Generally Acceptable to Chapter 14
2C:14-6 – Sentencing
2C:14-7 – Victim’s Previous Sexual Conduct; Manner of Dress
2C:14-8 – Juveniles in Need of Supervision (J.I.N.S.) Law Not Affected
2C:14-9 – Invasion of Privacy, Degree of Crime; Defenses, Privileges
2C:14-9.1 – Sexual Extortion, Crime, Parameters
2C:14-10 – Additional Penalties for Sex Offenders; Collection; Use
2C:14-11 – Definitions Relative to Victims of Sex Offenses
2C:14-12 – Conditions Placed Upon Release of Certain Defendants
2C:14-13 – Victim’s Assistance and Survivor Protection Act
2C:14-14 – Application for Temporary Protective Order
2C:14-15 – Temporary Protective Order
2C:14-16 – Final Protective Order
2C:14-17 – Protective Order, Enforcement
2C:14-18 – Contempt Proceedings
2C:14-19 – Records, Copies of Protective Orders
2C:14-20 – Central Registry of Protective Orders
2C:14-21 – Rules of Court

2C:14-1 – Definitions

Before diving into the finer nuances of New Jersey’s sex crime laws, it’s essential to understand some key terms surrounding sexual assault cases. Check out some common terms used throughout N.J.S.A. 2C:14 and their legal definitions:

• Actor: The person accused of committing sex crimes.
• Victim: The person claiming to have been subjected to sexual offenses.
• Sexual penetration: Penetration includes either vaginal or anal intercourse, cunnilingus, or fellatio. In legal cases, penetration must be either performed by the actor or at their instruction. The depth of insertion of a hand, finger, or other object into the vagina or anus isn’t relevant when it comes to questioning the offense.
• Sexual contact: Intentional touching of the intimate parts by the actor or the victim, either directly or over clothing, with the purpose of either degrading the victim or sexually gratifying the actor. If the actor makes sexual contact with themself, it must be in view of the victim, whom the actor knows is present.
• Intimate parts: Body parts including breasts, buttocks, groins, inner thighs, genital or anal areas, and sex organs.
• Severe personal injury: Any bodily injury, disease, disfigurement, or condition causing chronic pain or mental anguish.
• Physically helpless: A condition where a person is either unconscious or physically unable to flee or communicate their unwillingness to act.
• Mentally incapacitated: A condition where a person can’t either understand or control their conduct due to a substance administered without their consent, such as a narcotic, anesthetic, or intoxicant.
• Coercion: Unlawfully restricting one’s freedom by threatening them with physical injury, exploitation, or other harmful actions.

2C:14-2 – Sexual Assault

You may face either first- or second-degree charges for sexual assault, depending on the nature of the crime. Learn the basics of each offense below.

Aggravated sexual assault: A first-degree offense in which an actor performs sexual penetration along with the following criteria:

1. The victim is less than 13 years old.
2. The victim is at least 13 years old but under the age of 16, and the actor:

• • Is a blood relative of the victim
  • Has either disciplinary or supervisory power over the victim due to their legal status or occupation
  • Serves as a resource parent or guardian

1. Sexual penetration takes place during the attempted commission or execution of crimes like burglary, robbery, arson, carjacking, kidnapping, or homicide.
2. The actor carries a weapon or an item perceived as a weapon and threatens to use it.
3. One or more persons aid and abet the perpetrator when committing the offense against the victim’s will.
4. The victim sustains severe personal injury after the actor commits the act using coercion against the victim’s will.
5. At the time of penetration, the actor knows the victim to be either:

• • Physically helpless
  • Intellectually or mentally incapacitated
  • Having a mental disease or defect that leaves them unable to understand the actor’s conduct or provide consent

Sexual assault: A second-degree offense involving sexual contact with a victim under the age of 13 and the actor is at least four years older. The following criteria support the charges if penetration occurs:

1. The actor uses coercion or doesn’t receive consent, but the victim doesn’t sustain a severe personal injury.
2. The victim is detained in an institution, and the actor has disciplinary or supervisory power over them.
3. The victim is older than 13 but less than 16, and the actor is at least four years older than the victim.
4. The victim is at least 16 but under the age of 18, and the actor:

• • Is a blood relative
  • Has disciplinary or supervisory power over them
  • Acts as a resource parent or guardian

1. The victim is between the ages of 18 and 21 without a high school diploma. In this case, the actor must have supervisory or disciplinary power as a teaching staff member, including educators, school bus drivers, or other school employees.

2C:14-2.1 – Protocols for Sexual Assault Cases

When someone alleges to be a victim of sexual assault, the state grants them the right to review an initial incident report before officially filing it with law enforcement. Police will provide every filing victim with a form from the Attorney General in which they can dispute any information mentioned in the report.

Victims have the right to receive a copy of the finalized report. Law enforcement agencies also provide them with the contact information of a liaison to offer support and additional resources.

2C:14-3 – Criminal Sexual Contact

Law enforcement officers can bring charges against anyone who commits nonconsensual sexual contact against victims. Scenarios 2 through 7 of the aggravated sexual assault criteria above also pertain to aggravated criminal sexual contact charges, which is a crime in the third degree.

Criminal sexual contact becomes a fourth-degree offense in all five scenarios of sexual assault cases.

2C:14-4 – Lewdness

New Jersey’s Code of Criminal Justice recognizes certain lewd acts as a crime in the fourth degree. A perpetrator could face these charges in two distinct scenarios:

• They expose their intimate parts to a victim under the age of 13. The actor must be four years older than the victim to be charged with a crime.
• They expose their genitals to a victim with a mental defect that prevents them from understanding the act’s sexual nature.

In both of these cases, the actor intentionally commits the offense to achieve sexual arousal or gratification. A conviction often leads to fines or jail time, though defense attorneys aim to reduce penalties or dismiss cases.

2C:14-5 – Provisions Generally Acceptable to Chapter 14

Prosecutors and defense attorneys must adhere to the established criminal provisions outlined in this chapter. They include:

• No required proof of a victim’s resistance to the act
• Actors must be presumed capable of committing the crime regardless of their age, impotence, or marriage to the victim.
• Arguments that the actor mistakenly believes the victim to be above a certain age cannot be a valid defense, no matter how reasonable the belief may be.

2C:14-6 – Sentencing

Those convicted of sex crimes in the second, third, or fourth degree are subject to fines as well as prison sentences. Repeat offenders must serve a minimum sentence of at least five years, with no eligibility for parole. As a first-degree offense, aggravated sexual assault can lead to a sentence of up to 25 years to life in prison.

Convicted sex offenders who remain in the community due to parole or completion of their prison sentence must join the state’s official registry under Megan’s Law. Legislation requires this step to alert the public and help them stay safe. It’s important to note that not every person on the sex offender registry poses a danger to their community.

Joseph Del Russo

Joseph Del Russo, an attorney at Aiello, Harris, Abate Law Group, PC, helped draft the Registrant Risk Assessment Scale as part of the Attorney General’s working group. This system classifies sex offenders into three separate tiers based on the risk of them becoming a repeat offender:

• Tier 1: Low-risk offenders are not perceived as a significant threat; only law enforcement officers will be notified of their presence in the community.
• Tier 2: Moderate-risk registrants will become known to schools and other organizations that may come in contact with them.
• Tier 3: A public notice will go out to the entire community if a high-risk offender resides in the neighborhood.