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New Jersey Section 2C:14-3 – Aggravated criminal sexual contact; criminal sexual contact

New Jersey’s Law on Criminal Sexual Contact

New Jersey law defines criminal sexual contact in Section 2C:14-3 of the New Jersey Code of Criminal Justice. This law covers situations involving sexual touching of intimate body parts without consent. Criminal sexual contact charges can range from a 4th degree to a 3rd degree offense, depending on the circumstances.

What Constitutes Criminal Sexual Contact?

Criminal sexual contact involves intentional touching of intimate body parts of the victim or actor for purposes of sexual arousal, sexual gratification, humiliation, or degradation. This includes touching directly or through clothing. Intimate body parts include the genitals, buttocks, anus, inner thigh, and female breasts.

The touching has to be clearly sexual in nature. Incidental contact, like bumping into someone, would not qualify. The intent behind the touching is a key factor.

Aggravated vs. Basic Criminal Sexual Contact

There are two levels of criminal sexual contact charges:

  • Basic Criminal Sexual Contact – This is a 4th degree crime in New Jersey. It covers sexual touching in situations like:
    • The victim is forced or coerced, but does not suffer severe injury
    • The victim is under the guardianship or supervision of the actor
    • The victim is at least 16 but under 18 and the actor is related or in a position of authority
    • The victim is 13-15 years old and the actor is at least 4 years older
  • Aggravated Criminal Sexual Contact – This is a more serious 3rd degree offense in NJ. It covers sexual touching when:
    • The victim is under 13 years old
    • The victim is 13-15 years old and the actor is related or in a position of authority
    • The act occurs during commission of crimes like robbery, assault, or burglary
    • The victim is mentally incapacitated or helpless

Penalties for Criminal Sexual Contact

A person convicted of 4th degree criminal sexual contact can face:

  • Up to 18 months in prison
  • Fines up to $10,000

A 3rd degree aggravated offense carries stiffer penalties:

  • 3-5 years in prison
  • Fines up to $15,000

Additional Consequences

Those convicted of criminal sexual contact may also face:

  • Registration as a sex offender under Megan’s Law
  • Parole supervision for life
  • Restraining orders
  • Limitations on employment and housing
  • Social stigma

Defenses Against Charges

Some possible defenses against criminal sexual contact charges include:

  • Consent – Showing the touching was consensual and not against the victim’s will. However, consent may be invalid if the victim is underage or incapacitated.
  • Misidentification – Proving the defendant was misidentified and did not actually commit the act.
  • False accusations – Demonstrating the accuser is lying or has motivation to fabricate allegations.
  • Intoxication – Being intoxicated can negate intent to humiliate or arouse in some cases.
  • Lack of sexual intent – Proving the touching was not actually sexual in nature.
  • Right to privacy – Certain intimate acts may be protected by the right to privacy.

Recent Cases and Controversies

Criminal sexual contact laws have faced some challenges and controversies, including:

  • State v. Rangel – NJ Supreme Court upheld criminal sexual contact charges for improperly touching clothed intimate areas.
  • State v. Pinkston – Appellate court upheld constitutionality of criminal sexual contact statute.
  • Indecent exposure – Some argue indecent exposure should not always lead to sex offense charges.
  • Teen sexting – Concerns around charging teens for sexting under child porn laws.
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