AGGRAVATED SEXUAL ASSAULT—N.J.S.A. 2C:14-2(a) | SEXUAL ASSAULT—N.J.S.A. 2C:14-2(b)
Definitions
You are a 38 year old gym teacher at the local high school. You have your eye on a young cutie who is in the senior class. You believe you have good reason to believe she is 18 years old because she has told you as much. One day you are walking down the boardwalk at the Jersey shore and there she is in her new thong bikini. She runs up to you and throws her arms around you expressing her joy in seeing you in an “off campus” setting. One thing leads to another and you wind up together on a secluded section of the beach behind a dune. She tells you she’s had a crush on you ever since she was in your class and the next thing you know you’re kissing, then petting then engaging in digital penetration of her vagina. Realizing you should not proceed to sexual intercourse under current conditions, you somehow stop the fireworks, pull yourself together and walk back to the beach—feeling a mixture of pride and relief that you stopped yourself in time. It turns out that despite her 36DD bra size, the girl is only 15 years old—she lied about her age! Have you just committed a serious crime?
a. “Actor” means a person accused of an offense proscribed under this act;
b. “Victim” means a person alleging to have been subjected to offenses proscribed by this act;
c. “Sexual penetration” means vaginal intercourse, cunnilingus, fellatio or anal inter course between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction. The depth of the instruction shall not be relevant as to the question of commission of the crime;
d. “Sexual contact” means an intentional touching by the victim or actor either directly or through the clothing, of the victim or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact the with actor himself must be in view of
the victim whom the actor knows to be present;
e. “Intimate parts” means the following body parts: sexual organs, genital area, anal
area, inner thigh, groin, buttock or breast of a person;
f. “Severe personal injury” means severe bodily injury, disfigurement, disease,
incapacitating mental anguish or chronic pain;
g. “Physically helpless” means that condition in which a person is unconscious or is
physically unable to flee or is physically unable to communicate unwillingness to
act;
h. “Mentally defective” means that condition in which a person suffers from a mental
disease or defect which renders that person temporarily or permanently incapable
of understanding the nature of his conduct, including, but not limited to, being
capable of proving consent;
i. “Mentally incapacitated” means that condition in which a person is rendered
temporarily incapable of understanding or controlling his conduct due to the
influence of a narcotic, anesthetic, intoxicant, or other substance administered
to that person without his prior knowledge or consent, or due to any other act
committed upon that person which rendered that person incapable of appraising
or controlling his conduct;
j. “Coercion” as used in this chapter shall refer to those acts which are defined as
criminal coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).
AGGRAVATED SEXUAL ASSAULT
a. “An actor is guilty of an aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The victim is less than 13 years old;
(2) The victim is at least 13 but less than 16 years old; and
(a) The actor is related to the victim by blood or affinity to the third degree, or
(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status, or
(c) The actor is a foster parent, a guardian, or stands in loco parentis within the household;
(3) The act is committed during the commission, or attempted commission,
whether alone or with one or more other persons, of robbery, kidnapping,
homicide, aggravated assault, on another, burglary, arson or criminal
escape;
(4) The actor is armed with a weapon or any object fashioned in such a manner
as to lead the victim to reasonably believe it to be a weapon and threatens
by word or gesture to use the weapon or object;
(5) The actor is aided or abetted by one or more other persons and the actor
uses physical force or coercion;
(6) The actor uses physical force or coercion and severe personal injury is
sustained by the victim;
(7) The victim is one whom the actor knew or should have known was
physically helpless, mentally defective or mentally incapacitated.
Aggravated sexual assault is a crime of the first degree.
SEXUAL ASSAULT
b. An actor is guilty of sexual assault if he commits an act of sexual contact with a
victim who is less than 13 years old and the actor is at least 4 years older than
the victim.
c. An actor is guilty of sexual assault if he commits an act of sexual penetration
with another person under any one of the following circumstances:
(1) The actor uses physical force or coercion, but the victim does not sustain
severe personal injury;
(2) The victim is on probation or parole, or is detained in a hospital, prison
or other institution and the actor has supervisory or disciplinary power
over the victim by virtue of the actor’s legal, professional or occupational
status;
(3) The victim is at least 16 but less than 18 years old and:
(a) The actor is related to the victim by blood or affinity to the third
Degree; or
(b) The actor has supervisory or disciplinary power of any nature or in
any capacity over the victim; or
(c) The actor is a parent, a guardian, or stands in loco parentis within the
household;
(4) The victim is at least 13 but less than 16 years old and the actor is at least 4
years older than the victim.
Sexual assault is a crime of the second degree.
The answer is YES. You’ve just committed aggravated sexual assault because she is under the age of sixteen (16) and you are more than four (4) years older than her, you also are in a position of power over her by virtue of the fact that you are her teacher and she your student, and you have committed an act of “penetration” by slipping your finger into her vagina. Now it is true that there are much more evil and heinous ways of committing this offense, e.g., nonetheless, you could be looking at a first degree crime, with a presumption of incarceration if convicted, N.J.S.A. 2C:43-1, et seq., punishable by monetary fines of up to $200,000.00, plus the imposition of possible jail time of a minimum of ten (10) years and a maximum of twenty (20) years, presumptive fifteen (15) years. N.J.S.A. 2C:43-3(a) prior to a consideration on sentencing of the aggravating and mitigating factors. N.J.S.A. 2C:44-1(e) plus a criminal record. Or, if you are less unfortunate, you might be prosecuted under section b. as a second degree in which there is also a presumption of incarceration if convicted, for you’re your exposure would be a monetary fine of up to $150,000.00, plus minimum of five (5) years jail time and a maximum of ten (10) years jail time, presumptive seven (7) years plus a criminal record. N.J.S.A. 2C:43-3(a)
MEGAN’S LAW REGISTRY REQUIRED UPON CONVICTION AND RELEASE
In addition, since 1994, defendants who have been convicted of aggravated sexual assault and/or sexual assault are required under N.J.S.A. 2C:7-1 et seq., (Megan’s Law) upon release to register with the police department in the township where he or she resides as a “ registered sex offender” for the rest of his or her life.
These are very serious charges and nothing to mess around with. If you have been charged with aggravated sexual assault, or sexual assault, you need to retain a skilled and experienced attorney immediately.
