New Jersey Statutes
N.J. Stat. § 2C:14-5 (2026)
Provisions generally applicable to Chapter 14
✓ current as of May 2026
a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter.
b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim.
c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1976–2026 · leading case: State v. Zeidell, 713 A.2d 401 (N.J. 1998).
State v. Zeidell, 713 A.2d 401 (N.J. 1998). “" 1 Final Report, supra, § 2C:14-5, at 63. The indecent exposure under the proposed Code was grouped with the Chapter 14 offenses because exposure of the genitals for sexual gratification is often interpreted as threatening sexual aggression.”
Luis Grijalva Martinez v. Attorney Gen. United States, 978 F.3d 860 (3d Cir. 2020). “§ 2243 (d) (providing that in a prosecution for sexual abuse of a minor, “the Government need not prove that the defendant knew .”
Bulloch v. United States, 487 F. Supp. 1078 (D.N.J. 1980). “It is not surprising that many courts have been forced to consider questions in this general area.”
State v. Cavanaugh, 415 A.2d 390 (N.J. Super. Ct. App. Div. 1979). “Open lewdness is made a disorderly persons offense, § 2C:34-1, as is indecent exposure, § 2C:14-5. Conduct likely to debauch or impair the morals of a minor is proscribed by §§ 2C:14-3 and 2C:24-4.”
State of New Jersey Vs. I.S. (14-02-0315, Hudson Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2020). “Additionally, N.J.S.A. 2C:14-5 makes clear that it is not a defense to the charge that the actor believed the victim to be above the age required for the offense, even if such a mistaken belief was reasonable.”
State v. JO, 355 A.2d 195 (N.J. 1976). “" § 2C:14-5. It is also noteworthy that the proposed *577 New Jersey Penal Code, consistent with its approach to private sexual conduct, eliminates the offense of private lewdness.”
State of New Jersey Vs. William F. Saponaro, Jr. (13-04-0411, Cape May Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “2 On appeal, defendant contends: N.J.S.A. 2C:14-5(C) IS UNCONSTITUTIONAL AS APPLIED TO THE FACTS OF THIS CASE.”
State of New Jersey Vs. Tyreen H. Walker (10-12-0754, Cumberland Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2018). “Inasmuch as defendant's belief that the victim was eighteen was not a viable defense, N.J.S.A. 2C:14-5(c),2 it is not reasonably probable that he would have rejected a four-year sentence and gone to trial.”
State of New Jersey Vs. A.J.W. (10-06-1384 & 11-01-0162, Essex Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2020). “7 The offense of sexual penetration of a minor imposes "strict liability" only with respect to the age of the victim.”
Robert Shearrin v. New Jersey State Parole Bd. (N.J. Super. Ct. App. Div. 2024). “affirmatively misled Shearrin regarding her age.”
State of New Jersey v. James A. Simmons (N.J. Super. Ct. App. Div. 2025). “See N.J.S.A. 2C:14-5(c) (providing that defendant cannot assert as defense mistaken belief that his or her victim was "above the age stated for the offense").”
S.M.T. v. S.A. (N.J. Super. Ct. App. Div. 2026). “See N.J.S.A. 2C:14-5(b) ("No actor shall be presumed to be incapable of committing [sexual assault] because of .”
N.J. Stat. § 2C:14-5(C): 1 case
State of New Jersey Vs. William F. Saponaro, Jr. (13-04-0411, Cape May Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “2 On appeal, defendant contends: N.J.S.A. 2C:14-5(C) IS UNCONSTITUTIONAL AS APPLIED TO THE FACTS OF THIS CASE.”
N.J. Stat. § 2C:14-5(b): 2 cases
Bulloch v. United States, 487 F. Supp. 1078 (D.N.J. 1980). “It is not surprising that many courts have been forced to consider questions in this general area.”
S.M.T. v. S.A. (N.J. Super. Ct. App. Div. 2026). “See N.J.S.A. 2C:14-5(b) ("No actor shall be presumed to be incapable of committing [sexual assault] because of .”
N.J. Stat. § 2C:14-5(c): 6 cases
Luis Grijalva Martinez v. Attorney Gen. United States, 978 F.3d 860 (3d Cir. 2020). “§ 2243 (d) (providing that in a prosecution for sexual abuse of a minor, “the Government need not prove that the defendant knew .”
State of New Jersey Vs. Tyreen H. Walker (10-12-0754, Cumberland Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2018). “Inasmuch as defendant's belief that the victim was eighteen was not a viable defense, N.J.S.A. 2C:14-5(c),2 it is not reasonably probable that he would have rejected a four-year sentence and gone to trial.”
State of New Jersey Vs. I.S. (14-02-0315, Hudson Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2020). “Additionally, N.J.S.A. 2C:14-5 makes clear that it is not a defense to the charge that the actor believed the victim to be above the age required for the offense, even if such a mistaken belief was reasonable.”
State of New Jersey Vs. A.J.W. (10-06-1384 & 11-01-0162, Essex Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2020). “7 The offense of sexual penetration of a minor imposes "strict liability" only with respect to the age of the victim.”
Robert Shearrin v. New Jersey State Parole Bd. (N.J. Super. Ct. App. Div. 2024). “affirmatively misled Shearrin regarding her age.”
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