New Jersey Aggravated Criminal Sexual Contact Defense Lawyer

How Is "Sexual Contact" Defined?

It is illegal to engage in “sexual contact” with another person without their consent. N.J.S.A. 2C:14-1(d) defines this term as:

d. “Sexual contact” means an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present;

The contact or touching must involve the “initmate parts” of the victim. This means that you must have touched the sexual organs, genital area, anal area, inner thigh, buttock or breast of the victim.

 

 

When Does Sexual Contact Become Aggravated?

Sexual contact is aggravated in accordance with N.J.S.A. 2C:14-3(a) when one of the five (5) circumstances set forth under N.J.S.A. 2C:14-2(a)(2) through (7) are present. An aggravated sexual assault offense arises when the actor has “sexual contact” under the following circumstances:

1. The victim is at least 13 years of age but less than 16 years of age and the accused was either (i) related to the accused by blood or affinity to the third degree, (ii) in a supervisory or disciplinary role over the victim (e.g. teacher, coach, boss, etc.); or (iii) a resource parent, guardian or stands loco parentis within the victim’s household (i.e. temporary care giver, guardian or someone who takes on some of the responsibilities of a parent).
2. The conduct occurs during the course of commission of a robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape.
3. The actor is armed with a weapon or what appears to be a weapon and the victim is threatened with the object.
4. The actor used force or coercion and severe personal injury (i.e.severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain) was inflicted on the victim.
5. The victim was physically helpless or incapacitated, or suffered from a mental disease or defect that made them incapable of understanding the nature of the conduct (e.g. consent).

 

Elements of Proof

The elements of proof that must be demonstrated by the prosecutor, beyond reasonable doubt, are different depending on which section of the NJ aggravated criminal sexual contact law has been charged. The chart below summarized the proofs required in order for the state to obtain a conviction for each form of this offense.

Offense	Elements of Proof
2C:14-2(a)(2)	The defendant purposely committed an act of sexual contact on the victim or touched himself/herself and the touching was in the view of the victim; The victim was at least 13 but less than 16 years of age; and The defendant is related to the victim by blood or affinity to the first, second or third degree; the defendant had supervisory or disciplinary power over the victim because of his/her legal, professional or occupational status; or the defendant is a resource family parent, guardian or stands in loco parentis.
2C:14-2(a)(3)	The defendant purposely committed an act of sexual contact on the victim or touched himself/herself and the touching was in the view of the victim; and The act of sexual contact occurred during the commission or attempted commission during a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape.
2C:14-2(a)(4)	The defendant purposely committed an act of sexual contact on the victim or touched himself/herself and the touching was in the view of the victim; At the time of the sexual contact, defendant was armed with a weapon or armed with an object fashioned in such a manner as to lead the victim to believe it was a weapon; and The defendant threatened by words or conduct to use the weapon/object.
2C:14-2(a)(5)	The defendant purposely committed an act of sexual contact on the victim or touched himself/herself and the touching was in the view of the victim; The defendant was aided or abetted by one or more other persons to commit the sexual contact; and The defendant used physical force or coercion to commit the act of sexual contact.
2C:14-2(a)(6)	The defendant purposely committed an act of sexual contact on the victim; The defendant used physical force or coercion; and The victim sustained severe personal injury as the result of the defendant’s conduct.
2C:14-2(a)(7)	The defendant purposely committed an act of sexual contact on the victim or touched himself/herself and the touching was in the view of the victim; The victim was physically or mentally incapacitated, helpless or lacked capacity because of mental defect at the time of the conduct; and The defendant knew or reasonably should have known that the victim lacked capacity to consent.

Fines, Prison & Other Penalties

As previously stated, aggravated criminal sexual contact is a third degree crime. The standard penalties for third degree aggravated criminal sexual contact include up to five (5) years in prison and a fine of up to $15,000. Several special assessments, surcharges and penalties must also be imposed upon conviction for a New Jersey aggravated criminal sexual contact offense including a Nurse Examiner Program Fund Penalty of $800, a Prevention of Violence Against Women surcharge of $100 and a Sex Offender Assessment of $750.

Second or Subsequent Conviction. If the conviction represents a second or subsequent sex crime conviction, the court must impose a mandatory term of imprisonment of at least 5 years during which the defendant is ineligible for parole.

 

Megan's Law & Parole Supervision For Life ("PSL")

A New Jersey Superior Court judge is required to impose registration as a sex offender under Megan’s Law at the time of sentencing for aggravated criminal sexual contact. This means that the defendant must register annually with his or her local police department, notify law enforcement of a change in address and may also have their name, address and photograph posted on the Sex Offender Internet Registry.

A special sentence of Parole Supervision For Life (“PSL”) must also be imposed by the court at the time of sentencing for a violation of N.J.S.A. 2C:14-3(a). This subjects a defendant to parole, restrictions in internet access, random inspections and other conditions. Violation of PSL conditions results in a separate third degree crime.

Statute Of Limitation

There is an extended period for filing a criminal charge for aggravated criminal sexual contact as compared to the typical third degree crime. The statute of limitation is two (2) years from the date of discovery of the offense or five (5) years from the date of a minor victim reaching eighteen (18), whichever date is later. The charge is timely filed provided a complaint or indictment is filed within this time frame.