NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b model jury charge

CRIMINAL SEXUAL CONTACT

N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]model jury charge

Count _____ of the indictment charges defendant with criminal sexual contact.

[READ COUNT OF INDICTMENT]

That section of our statutes provides in pertinent part:

An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim and

[CHOOSE APPROPRIATE]

the actor uses physical force or coercion but the victim does not sustain severe personal injury

OR

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 actors legal, professional or occupational status

OR

the victim is at least 13 but less than 16 years old and

the actor is at least four years older than the victim

OR

the victim is at least 16 but less than 18 years old and

(1) the actor is related to the victim by blood or

affinity to the third degree;

OR

(2) the actor has supervisory or disciplinary power

of any nature or in any capacity over the victim;

OR

(3) the actor is a resource family parent, a guardian,

or stands in loco parentis within the household.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 2 of 9

In order to convict defendant of this charge, the State must prove the following elements beyond a reasonable doubt:

(1) That defendant purposely committed an act of sexual contact with another person;

OR

(1) That defendant purposely committed an act of sexual contact by touching himself/herself and the touching was in the view of(name of victim)who defendant knew was present;

[CHOOSE APPROPRIATE]

(2) That defendant used physical force or coercion but the victim did not sustain severe personal injury.

OR

(2) That the victim was [on probation] [on parole] detained in a [hospital] [prison] [institution] and the actor had [supervisory] [disciplinary] power over the victim by virtue of the defendants legal, professional or occupational status.

OR

(2) That the victim is at least 13 but less than 16 and the defendant is at least four years older than the victim.

OR

(2) That the victim was at least 16 but less than 18 years old and

(1) the defendant is related to the victim by blood or affinity to the first, second or third degree.1

1First degree--parents and children; Second degree--grandparents, grandchildren, brothers and sisters; Third degree--uncles, aunts, nieces, nephews, great grandparents, great grandchildren. See generally, Smith v. Gaines, 36 N.J. Eq. 297 (E. & A. 1882).

OR

(2) the defendant had [supervisory] [disciplinary]power of any nature or in any capacity over the victim.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 3 of 9

OR

(3) the defendant is a resource family parent, a guardian or stands in loco parentis within the household.

The first element that the State must prove beyond a reasonable doubt is that defendant purposely committed an act of sexual contact with(name of victim).

Sexual contact means an intentional touching by(name of victim)or by the defendant, either directly or through clothing, of(name of victims)or defendants intimate parts for the purpose of degrading or humiliating(name of victim)or sexually arousing or gratifying defendant.

Intimate parts means[CHOOSE APPROPRIATE]sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

To find that defendant committed an act of criminal sexual contact, you must find beyond a reasonable doubt both that the touching was intentional and that it was done with the purpose of degrading or humiliating(name of victim)or sexually arousing or gratifying the defendant.

Intentional means purposeful. A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to the attendant circumstances if he/she is aware of the existence of such circumstances or believes or hopes that they exist.

[WHEN DEFENDANT IS CHARGED WITH TOUCHING HIMSLEF/HERSELF, ADD THE FOLLOWING:The State must prove beyond a reasonable doubt that the touching was in view of the victim whom the defendant knew to be present.2The State is not required to prove that(name of victim)actually observed or witnessed the alleged sexual contact. Rather, the State must prove that the alleged sexual contact occurred in the view of(name of victim). Field of vision is not limited to the visual direction in which the alleged victim is focused upon at the particular time when the alleged sexual contact is said to have occurred. Field of vision

2State v. Zeidell, 154 N.J. 417 (1998).CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 4 of 9The State must prove beyond a reasonable doubt that(name of victim)was present.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 5 of 9

permission means the victim did or said something which would lead a reasonable person to believe (he/she) was agreeing to engage in the act of sexual contact, and freely given permission means the victim agreed of (his/her) own free will to engage in the act of sexual contact. Freely and affirmatively given permission can be indicated either through words or through actions that, when viewed in the light of all the surrounding circumstances, would demonstrate to a reasonable person that affirmative and freely given permission for the specific act of sexual contact had been given.

Persons need not, of course, expressly announce their consent to engage in an act of sexual intercourse for there to be affirmative permission. Permission to engage in an act of sexual contact can be and indeed often is indicated through physical actions rather than words. Permission is demonstrated when the evidence, in whatever form, is sufficient to demonstrate that a reasonable person would have believed that the alleged victim had affirmatively and freely given authorization to the act.

Proof that the act of sexual contact occurred without the victims permission can be based on evidence of conduct or words in light of surrounding circumstances, and must demonstrate beyond a reasonable doubt that a reasonable person would not have believed that there was affirmative and freely given permission. If there is evidence to suggest that the defendant reasonably believed that such permission had been given, the State must demonstrate either that the defendant did not actually believe that such permission had been freely given, or that such a belief was unreasonable under all of the circumstances. In determining the reasonableness of defendants belief that the victim had freely given affirmative permission, you must keep in mind that the law places no burden on the alleged victim to have expressed non-consent or to have denied permission. You should not speculate as to what the alleged victim thought or desired or why (he/she) did not resist or protest. The State is not required to prove that the victim resisted, or resisted to the utmost or reasonably resisted the sexual contact.5

5N.J.S.A. 2C:14-5a.

To find that the defendant used coercion, you must find that defendant, with the purpose, that is, with the conscious object, to unlawfully restrict(name of victim)freedom of action toCRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 6 of 9

engage in or refrain from engaging in the act of sexual contact, threatened to:6

6See N.J.S.A. 2C:14-1j and 2C:13-5.

7N.J.S.A. 2C:14-1f.

[Charge applicable language]

(1) inflict bodily injury on anyone or any other offense;

(2) accuse anyone of an offense;

(3) expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute;

(4) take or withhold action as an official, or cause an official to take or withhold action;

(5) testify or provide information or withhold testimony or information with respect to anothers legal claim or defense; or

(6) perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.

In other words, to find that the defendant used coercion, you must find that the defendants purpose, that is, conscious object, was to compel(name of victim)to engage in an act of sexual contact by threatening (him/her). Severe personal injury means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain.7

OR

The victim was on probation or parole, or was detained in a hospital, prison or other institution and the actor had supervisory or disciplinary power over the victim by virtue of the defendants legal, professional or occupational status. In this case, the State alleges that defendant had [supervisory] [disciplinary] power over(name of victim)because of defendants status as(insert allegation).In determining whether defendant had [supervisory] [disciplinary] power over(name of victim),you must examine the entire context of the relationship betweenCRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 7 of 9CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 8 of 9The State must prove only the age of the(name of victim)at the time of the offense beyond a reasonable doubt. It does not have to prove that defendant knew or reasonably should have known that(name of victim)was at least 16 but less than 18 years old.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 9 of 9

   
FOR POTENTIAL CLIENTS TO CONTACT US DURING NON-BUSINESS HOURS, PLEASE FILL OUT THE FORM.
Name:
Cell Phone:
E-Mail Address


If You Do Not Include a Complete E-Mail Address, Network will not Forward Your Contact Form to the Law Office.

Details of the Case
Agree
By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen

Change Image
Write the characters in the image above


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Copyright 2017. Kenneth Vercammen & Associates, P.C.