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2C:14-2. Sexual assault. a. An actor is guilty of 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.
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 four 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 foster 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 four years older than the victim.
Sexual assault is a crime of the second degree.
Amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997,
c.194, s.1; 2001, c.60.
2C:14-2.1. Victim of sexual assault may consult with prosecutor on
plea negotiations 1. Whenever there is a prosecution for a violation
of N.J.S.A. 2C:14-2, the victim of the sexual assault shall be provided
an opportunity to consult with the prosecuting authority prior to the
conclusion of any plea negotiations.
Nothing contained herein shall be construed to alter or limit the authority
or discretion of the prosecutor to enter into any plea agreement which
the prosecutor deems appropriate.
L.2003, c.137.
2C:14-3 Aggravated criminal sexual contact; criminal sexual contact
a. An actor is guilty of aggravated criminal sexual contact if he commits
an act of sexual contact with the victim under any of the circumstances
set forth in 2C:14-2a. (2) through(7).
Aggravated criminal sexual contact is a crime of the third degree.
b. An actor is guilty of criminal sexual contact if he commits an act
of sexual contact with the victim under any of the circumstances set
forth in section 2C:14-2c. (1) through(4).
Criminal sexual contact is a crime of the fourth degree.
Amended 1979, c.178, s.27; 1997, c.194, s.2.
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