Criminal Sexual Contact

The NJ Criminal Sexual Contact Law

A criminal sexual contact charge is governed by the New Jersey law set forth at N.J.S. 2C:14-3 and it provides:

§ 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:14-2 a.(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:14-2 c.(1) through (4).

Criminal sexual contact is a crime of the fourth degree.

As you can see from the portion of this New Jersey statute that we have highlighted, either variety of criminal sexual contact is predicated on “sexual contact” with a victim. This term is defined in N.J.S.A. 2C:14-1d as the “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.”  A person’s “intimate parts” means “sexual organs, genital area, anal area, inner thigh, groin, buttock or breast”.

As the above statute states, aggravated criminal sexual contact is a third-degree crime and criminal sexual contact is a fourth-degree crime under this NJ criminal law. When the contact goes a step further and involves any form of unwanted sexual penetration, the criminal charge escalates to sexual assault. The final point of escalation is an aggravated sexual assault.

Elements of Proof

There are four (3) elements of proof that must be established by the state, beyond a reasonable doubt, to prove this sex offense, including:

1. There was an incident of criminal sexual contact. What this means is that the defendant either touched an intimate part of the victim or, alternatively, the defendant touched himself/herself in the view of the victim.
2. (a) the actor used physical force or coercion; OR (b) the victim was 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; OR (c) the victim is at least 16 but less than 18 years old; OR (d) the actor was related to the victim by blood or affinity to the third degree; and
3. The conduct was for the purpose either degrading or humiliating the victim or for sexual arousal or gratification of the defendant.

There are slightly different elements where a 2C:14-3b offense involves the defendant touching his/her own intimate body parts. There is an additional requirement that the defendant is in view of the victim and that the defendant knows that they are present.  Please note, however, that there is no requirement that the victim actually observe or witness the alleged sexual contact.

Defenses to Criminal Sexual Contact

Under New Jersey law, physical force is defined as the commission of the act of sexual contact without the victim’s freely and affirmatively given permission. The defendant may allege that the alleged act of contact was undertaken with a reasonable belief that there was consent.  

In determining the reasonableness of a defendant’s belief that the victim had freely given affirmative permission, New Jersey law places no burden on the alleged victim to have expressed non-consent or to have denied permission. The State is not required to prove that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual contact. The burden of establishing the defense of consent is on the defendant. 

There are other secondary defenses that may be raised in a NJ criminal sexual contact case. For example, there is no offense if the contact wasn’t with an intimate body part. Touching someone’s shoulder, hip or other area of the body isn’t akin to a gesture of a sexual nature and therefore does not constitute criminal sexual contact. Likewise, there is no violation of N.J.S.A. 2C:14-3b if the defendant lacked intent to humiliate, degrade, or achieve sexual gratification or arousal.

Penalties If Convicted

As previously stated, criminal sexual contact is a fourth-degree crime under 2C:14-3b. This is considered an indictable felony crime and therefore falls outside the jurisdiction of a municipal court. The penalties that may be imposed at the Superior Court for fourth-degree criminal sexual contact include up to eighteen (18) months in state prison. There is also the possibility of a maximum fine of $10,000.

Collateral Consequences: Megan’s Law and Parole Supervision for Life (“PSL”).  Megan’s Law triggers sex offender registration so that members of the community, including schools and other places where children are likely frequently, are aware of the presence of the defendant. There is also the potential for parole supervision for life, commonly referred to as PSL, if certain aggravating circumstances exist.

Given the severity of the penalties for criminal sexual contact, as well as the potential for Megan’s Law and PSL to apply, it is imperative that you contact an experienced criminal defense lawyer to represent you against these serious charges.  Our law firm has precisely what is required in order to ensure you get every chance of avoiding a conviction.

Contact Our Experienced NJ Criminal Sexual Contact Attorneys

The truth is that an attorney can come with totally different levels of experience and skill. It is illogical to assume that a lawyer that has defended four or five criminal sexual contact charges is going to have the same attributes to defend you as someone who has handled countless 2C:14-3b offenses.

The problem is that the internet is very deceiving because so many websites boast crazy levels of experience when, in actuality, the related law firm has literally zero trial experience handling a sex crime, let alone one involving criminal sexual contact. There are no illusions at our criminal law firm since we unquestionably have vast experience in this realm with lawyers on staff who have actually headed up entire sex crimes units at county prosecutor’s offices around New Jersey. To obtain an immediate free consultation with a highly knowledgeable New Jersey criminal sexual contact defense lawyer who has defended and tried numerous cases of this nature, call 855-450-8310.

Marshall Criminal Defense represents clients arrested and charged with criminal sexual contact throughout New Jersey, including in Hudson County, Union County, Bergen County, Passaic County, Atlantic County, Burlington County, Monmouth County, Middlesex County, Essex County, Mercer County and elsewhere in the state. 

Frequently Asked Questions In Criminal Sexual