New Jersey Section 2C:14-1 – Definitions

New Jersey’s sexual assault laws can be super confusing. There’s a whole section dedicated to defining the different types of sexual assault crimes. Let’s break it down so it makes more sense.

Aggravated Sexual Assault

Under Section 2C:14-2 of New Jersey law, aggravated sexual assault is when someone commits an act of sexual penetration with another person under any of these circumstances:

• The victim is less than 13 years old.
• The victim is at least 13 but less than 16, and the perpetrator is at least 4 years older.
• The perpetrator uses physical force or coercion.
• The victim is physically helpless or incapacitated.
• The perpetrator is armed with a weapon or threatens the victim with a weapon.
• The perpetrator inflicts bodily injury on the victim.
• The perpetrator is aided by one or more people.

Aggravated sexual assault is a very serious first degree felony with a penalty of 10-20 years in prison. The prosecutor doesn’t need to prove the perpetrator knew the victim’s age to get a conviction.

Sexual Assault

Section 2C:14-2 also covers sexual assault, which is when someone commits an act of sexual contact (not penetration) with a victim under any of the same circumstances as aggravated sexual assault.

Sexual assault is a second degree felony with a penalty of 5-10 years in prison.

Aggravated Criminal Sexual Contact

Under Section 2C:14-3, aggravated criminal sexual contact is when someone commits an act of sexual contact with the victim under any of these circumstances:

• The victim is less than 13 years old.
• The perpetrator uses physical force or coercion.
• The victim is physically helpless or incapacitated.
• The perpetrator is armed with a weapon or threatens the victim with a weapon.
• The perpetrator inflicts bodily injury on the victim.
• The perpetrator is aided by one or more people.

This is a third degree felony with 3-5 years in prison.

Criminal Sexual Contact

Section 2C:14-3 also defines criminal sexual contact more broadly as any act of sexual contact using physical force or coercion.

This is a fourth degree felony with up to 18 months in prison.

If the victim is between 13-15 years old, it becomes a third degree felony again.

Lewdness

Section 2C:14-4 covers lewd acts, like exposing genitals to cause alarm or sexually touching oneself in public. This is a disorderly persons offense if the victim is over 18, but becomes a fourth degree felony if the victim is under 13.

Endangering the Welfare of Children

Under Section 2C:24-4, it’s a second degree felony to engage in sexual conduct that would impair or debauch the morals of a child under 16. This applies even if the child consented to the conduct.

The Bottom Line

New Jersey doesn’t mess around when it comes to sexual crimes. The laws are designed to protect vulnerable victims, especially minors. Defendants face an uphill battle fighting the charges. Anyone facing allegations should retain an experienced criminal defense attorney immediately. The laws and penalties are complex, but an attorney can carefully examine the facts of the case and build the strongest defense.

With the right legal strategy, some charges can potentially be reduced or dismissed. But the stigma of sex crime accusations can’t be understated. Simply being charged can ruin reputations and lives, even if the defendant is ultimately acquitted. These cases require sensitive handling by a lawyer who understands the nuances.