2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if the actor 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 resource family 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, carjacking, kidnapping, homicide, aggravated assault on the victim or a person other than the victim, 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 commits the act using coercion or without the victim's affirmative and freely-given permission;
(6) The actor commits the act using coercion or without the victim's affirmative and freely-given permission and severe personal injury is sustained by the victim;
(7) The victim, at the time of sexual penetration, is one whom the actor knew or should have known was:
(a) physically helpless or incapacitated ;
(b) intellectually or mentally incapacitated ; or
(c) had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the distinctively sexual nature of the conduct, including, but not limited to, being incapable of providing consent, or incapable of understanding or exercising the right to refuse to engage in the conduct.
Aggravated sexual assault is a crime of the first degree.
Except as otherwise provided in subsection d. of this section, a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.
b. An actor is guilty of sexual assault if the actor 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 the actor commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The actor commits the act using coercion or without the victim's affirmative and freely-given permission, 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 resource family 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;
(5) The victim is a pupil at least 18 but less than 22 years old and has not received a high school diploma and the actor is a teaching staff member or substitute teacher, school bus driver, other school employee, contracted service provider, or volunteer and the actor has supervisory or disciplinary power of any nature or in any capacity over the victim. As used in this paragraph, "teaching staff member" has the meaning set forth in N.J.S.18A:1-1.
Sexual assault is a crime of the second degree.
d. Notwithstanding the provisions of subsection a. of this section, where a defendant is charged with a violation under paragraph (1) of subsection a. of this section, the prosecutor, in consideration of the interests of the victim, may offer a negotiated plea agreement in which the defendant would be sentenced to a specific term of imprisonment of not less than 15 years, during which the defendant shall not be eligible for parole. In such event, the court may accept the negotiated plea agreement and upon such conviction shall impose the term of imprisonment and period of parole ineligibility as provided for in the plea agreement, and may not impose a lesser term of imprisonment or parole or a lesser period of parole ineligibility than that expressly provided in the plea agreement. The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding a negotiated reduction in the term of imprisonment and period of parole ineligibility set forth in subsection a. of this section.
Notes of Decisions
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
· cites it 77× “The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
· cites it 24× “2C:14-2(c)(1) if a defendant is simultaneously sentenced for second-degree sexual assault under N.J.S.A. 2C:14-2(b). We reject defendant's reading of NERA, and affirm the denial of defendant's motion.”
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018).
· cites it 16× “He sought to remove this matter from sentencing under the Jessica Lunsford Act (JLA), N.J.S.A. 2C:14-2, or, in the alternative, for the court to "exercise its inherent supervisory capacity" to craft a lesser sentence.”
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
· cites it 13× “2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
State v. A.M., 205 A.3d 213 (N.J. 2019).
· cites it 2× “Defendant was indicted by a Bergen County grand jury for first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(2)(a) ; second-degree sexual assault, contrary to N.”
State v. Santamaria, 200 A.3d 375 (N.J. 2019).
· cites it 2× “On October 1, 2010, a Middlesex County grand jury indicted defendant on one count of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a) ; two counts of second-degree sexual assault, contrary to N.”
Luis Grijalva Martinez v. Attorney Gen. United States, 978 F.3d 860 (3rd Cir. 2020).
· cites it 4× “5 We must 5 The scenarios set forth in N.J. Stat. Ann. § 2C:14-2(c) are: (1) The actor commits the act using coercion or without the victim’s affirmative and freely-given permission, but the victim does not sustain severe personal injury; (2) The victim is on probation or…”
State v. Reginald Roach (068874), 95 A.3d 683 (N.J. 2014).
· cites it 4× “2C:14-2(a)(4) (count four); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (count five); second-degree sexual assault, N.”
State v. S.N., 176 A.3d 813 (N.J. 2018).
· cites it 2× “Two months after defendant’s arrest on the complaint-warrant, he was indicted for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(l); second-degree sexual assault, N.”
In re G.H., 190 A.3d 1059 (N.J. Super. Ct. App. Div. 2018).
· cites it 4× “aggravated sexual assault pursuant to [ N.J.S.A. 2C:14-2(a) ] or sexual assault pursuant to [ N.”
— N.J. Stat. § 2C:14-2(2) — 1 case
— N.J. Stat. § 2C:14-2(5) — 1 case
— N.J. Stat. § 2C:14-2(6) — 1 case
— N.J. Stat. § 2C:14-2(D) — 2 cases
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018).
“He sought to remove this matter from sentencing under the Jessica Lunsford Act (JLA), N.J.S.A. 2C:14-2, or, in the alternative, for the court to "exercise its inherent supervisory capacity" to craft a lesser sentence.”
— N.J. Stat. § 2C:14-2(a) — 137 cases
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018).
“He sought to remove this matter from sentencing under the Jessica Lunsford Act (JLA), N.J.S.A. 2C:14-2, or, in the alternative, for the court to "exercise its inherent supervisory capacity" to craft a lesser sentence.”
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
“The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
State v. Santamaria, 200 A.3d 375 (N.J. 2019).
“On October 1, 2010, a Middlesex County grand jury indicted defendant on one count of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a) ; two counts of second-degree sexual assault, contrary to N.”
— N.J. Stat. § 2C:14-2(a)(1) — 202 cases
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
“The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
“2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018).
“He sought to remove this matter from sentencing under the Jessica Lunsford Act (JLA), N.J.S.A. 2C:14-2, or, in the alternative, for the court to "exercise its inherent supervisory capacity" to craft a lesser sentence.”
— N.J. Stat. § 2C:14-2(a)(2) — 14 cases
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
“The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
— N.J. Stat. § 2C:14-2(a)(2)(1) — 1 case
— N.J. Stat. § 2C:14-2(a)(2)(A) — 1 case
— N.J. Stat. § 2C:14-2(a)(2)(C) — 1 case
— N.J. Stat. § 2C:14-2(a)(2)(a) — 25 cases
State v. A.M., 205 A.3d 213 (N.J. 2019).
“Defendant was indicted by a Bergen County grand jury for first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(2)(a) ; second-degree sexual assault, contrary to N.”
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
“2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
— N.J. Stat. § 2C:14-2(a)(2)(b) — 4 cases
— N.J. Stat. § 2C:14-2(a)(2)(c) — 22 cases
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
“2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
— N.J. Stat. § 2C:14-2(a)(3) — 66 cases
State v. Reginald Roach (068874), 95 A.3d 683 (N.J. 2014).
“2C:14-2(a)(4) (count four); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (count five); second-degree sexual assault, N.”
— N.J. Stat. § 2C:14-2(a)(3)(b) — 1 case
— N.J. Stat. § 2C:14-2(a)(4) — 22 cases
State v. Reginald Roach (068874), 95 A.3d 683 (N.J. 2014).
“2C:14-2(a)(4) (count four); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (count five); second-degree sexual assault, N.”
— N.J. Stat. § 2C:14-2(a)(5) — 10 cases
— N.J. Stat. § 2C:14-2(a)(6) — 18 cases
— N.J. Stat. § 2C:14-2(a)(7) — 44 cases
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018).
“He sought to remove this matter from sentencing under the Jessica Lunsford Act (JLA), N.J.S.A. 2C:14-2, or, in the alternative, for the court to "exercise its inherent supervisory capacity" to craft a lesser sentence.”
— N.J. Stat. § 2C:14-2(a)(7)(a) — 1 case
— N.J. Stat. § 2C:14-2(a)(7)(b) — 1 case
— N.J. Stat. § 2C:14-2(a)(l) — 9 cases
State v. S.N., 176 A.3d 813 (N.J. 2018).
“Two months after defendant’s arrest on the complaint-warrant, he was indicted for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(l); second-degree sexual assault, N.”
— N.J. Stat. § 2C:14-2(b) — 287 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“2C:14-2(c)(1) if a defendant is simultaneously sentenced for second-degree sexual assault under N.J.S.A. 2C:14-2(b). We reject defendant's reading of NERA, and affirm the denial of defendant's motion.”
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
“The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
“2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
— N.J. Stat. § 2C:14-2(c) — 63 cases
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
“The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
State v. Santamaria, 200 A.3d 375 (N.J. 2019).
“On October 1, 2010, a Middlesex County grand jury indicted defendant on one count of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a) ; two counts of second-degree sexual assault, contrary to N.”
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“2C:14-2(c)(1) if a defendant is simultaneously sentenced for second-degree sexual assault under N.J.S.A. 2C:14-2(b). We reject defendant's reading of NERA, and affirm the denial of defendant's motion.”
Luis Grijalva Martinez v. Attorney Gen. United States, 978 F.3d 860 (3rd Cir. 2020).
“5 We must 5 The scenarios set forth in N.J. Stat. Ann. § 2C:14-2(c) are: (1) The actor commits the act using coercion or without the victim’s affirmative and freely-given permission, but the victim does not sustain severe personal injury; (2) The victim is on probation or…”
— N.J. Stat. § 2C:14-2(c)(1) — 163 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“2C:14-2(c)(1) if a defendant is simultaneously sentenced for second-degree sexual assault under N.J.S.A. 2C:14-2(b). We reject defendant's reading of NERA, and affirm the denial of defendant's motion.”
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019).
“The Appellate Division’s decision relies on Code provisions set forth in three statutes: the sexual assault statute, N.J.S.A. 2C:14-2; the criminal sexual contact statute, N.”
In re G.H., 190 A.3d 1059 (N.J. Super. Ct. App. Div. 2018).
“aggravated sexual assault pursuant to [ N.J.S.A. 2C:14-2(a) ] or sexual assault pursuant to [ N.”
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
“2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
— N.J. Stat. § 2C:14-2(c)(2) — 10 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“2C:14-2(c)(1) if a defendant is simultaneously sentenced for second-degree sexual assault under N.J.S.A. 2C:14-2(b). We reject defendant's reading of NERA, and affirm the denial of defendant's motion.”
— N.J. Stat. § 2C:14-2(c)(3) — 5 cases
— N.J. Stat. § 2C:14-2(c)(3)(B) — 1 case
— N.J. Stat. § 2C:14-2(c)(3)(C) — 1 case
— N.J. Stat. § 2C:14-2(c)(3)(a) — 5 cases
— N.J. Stat. § 2C:14-2(c)(3)(b) — 7 cases
— N.J. Stat. § 2C:14-2(c)(3)(c) — 3 cases
— N.J. Stat. § 2C:14-2(c)(4) — 98 cases
Luis Grijalva Martinez v. Attorney Gen. United States, 978 F.3d 860 (3rd Cir. 2020).
“5 We must 5 The scenarios set forth in N.J. Stat. Ann. § 2C:14-2(c) are: (1) The actor commits the act using coercion or without the victim’s affirmative and freely-given permission, but the victim does not sustain severe personal injury; (2) The victim is on probation or…”
State v. G.E.P., 205 A.3d 1155 (N.J. Super. Ct. App. Div. 2019).
“2C:14-2(c)(4) by engaging in intercourse, oral sex and sexual touching with his ex-girlfriend's daughter, Jane, before and after her thirteenth birthday.”
State v. A.M., 205 A.3d 213 (N.J. 2019).
“Defendant was indicted by a Bergen County grand jury for first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(2)(a) ; second-degree sexual assault, contrary to N.”
— N.J. Stat. § 2C:14-2(c)(5) — 2 cases
— N.J. Stat. § 2C:14-2(c)(l) — 12 cases
— N.J. Stat. § 2C:14-2(d) — 8 cases
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018).
“He sought to remove this matter from sentencing under the Jessica Lunsford Act (JLA), N.J.S.A. 2C:14-2, or, in the alternative, for the court to "exercise its inherent supervisory capacity" to craft a lesser sentence.”
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