Ocean County Sex Crime Attorney explains the sex crime law:
Our Ocean County Criminal Lawyers know that to defend against an aggravated sexual assault, sexual assault, aggravated sexual contact, sexual contact charge, or any sex crime for that matter it is important to have a lawyer who knows the New Jersey criminal justice system and will fight to help you find the most favorable resolution possible.

Crimes involving non consensual sexual activity, either because the sexual act was done with someone who was underage or it was an act forced upon someone of age are generally referred to as “Sex Crimes”. Often you will hear this criminal conduct referred to as rape, statutory rape, child rape, child pornography, sexual assault and so forth.

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If you have been accused of a Sex Crime, contact the Ocean County Criminal Lawyers at Riviere Cresci & Singer LLC (732)-646-5529

The age of consent in New Jersey is 16. The prosecution can bring statutory rape charges against anyone over eighteen (18) who has sexual relations with someone who fifteen (15) or younger. Moreover, if the adult is in a position of authority or discipline over the sixteen (16) year old, then the age of consent increases to eighteen (18). Consent is not a valid defense to a statutory rape charge in New Jersey.

Aggravated sexual assault: up to 20 years in prison Sexual assault: up to 10 years in prison Aggravated sexual contact: up to 5 years in prison Sexual contact: up to 18 months in prison New Jersey requires life-time registration for anyone convicted of a sex offense in the state

New Jersey: Sexual Assault Charges

New Jersey punishes rape on a tiered scale depending upon the nature of the crime. Rape is punished as “sexual assault” or “aggravated sexual assault.” Aggravated sexual assault is a first degree crime and is used by the prosecution for the sexually violent cases, such as when the victim suffered serious physical injury as a result of the assault, a weapon was used during the assault or the assault occurred during the commission of another crime. Sexual assault is used by the prosecution for less violent, yet still serious sexual crimes which are charged in the second degree.

N.J.S.A. 14-2 et seq. spells out what sexual assault and sexual contact are:

A defendant is guilty of aggravated sexual assault (a crime in the first degree) if the defendant commits an act of sexual penetration with another person under any one of the following circumstances:

Circumstance #1: The victim is less than 13 years old;

Circumstance #2: The victim is at least 13 but less than 16 years old; AND The defendant is related to the victim by blood or affinity to the third degree, OR The defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, OR The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

Circumstance #3: The sexual 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;

Circumstance #4: The defendant 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;

Circumstance #5: The defendant is aided or abetted by one or more other persons and the actor uses physical force or coercion;

Circumstance #6: The defendant uses physical force or coercion and severe personal injury is sustained by the victim;

Circumstance #7: The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

A defendant is guilty of sexual assault (a crime in the second degree) if the defendant commits a sexual act of with another person under any one of the following circumstances:

Circumstance #1: A defendant 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.

Circumstance #2: The defendant commits and act of sexual penetration with another person and the defendant uses physical force or coercion, but the victim does not sustain severe personal injury;

Circumstance #3: The defendant commits and act of sexual penetration with another person and 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;

Circumstance #4: The defendant commits and act of sexual penetration with another person and the victim is at least 16 but less than 18 years old; AND the defendant is related to the victim by blood or affinity to the third degree; OR the defendant has supervisory or disciplinary power of any nature or in any capacity over the victim; OR the defendant is a resource family parent, a guardian, or stands in loco parentis within the household;

Circumstance #5: The defendant commits and act of sexual penetration with another person and the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

The defendant is guilty of aggravated sexual contact where there is sexual contact (a crimes in the third degree) under the circumstances two through six (2-6), listed under aggravated sexual assault (see above).

The defendant is guilty of sexual contact where there is sexual contact (a crime in the fourth degree) under the circumstances one through five (1-5) listed under sexual assault (see above).

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