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Clarification of NJ age of consent law

Discussion in 'Other Family Law Matters' started by Sunmai3, Sep 20, 2008.

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  1. Sunmai3

    Sunmai3 Law Topic Starter New Member

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    Hello everyone,
    I have a quick question about the age of consent law in NJ. I will post the actual law in this thread.

    S571 O'TOOLE
    2
    EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
    not enacted and is intended to be omitted in the law.
    Matter underlined thus is new matter.
    AN ACT concerning sexual assault and 1 amending N.J.S.2C:14-2.
    2
    3 BE IT ENACTED by the Senate and General Assembly of the State
    4 of New Jersey:
    5
    6 1. N.J.S.2C:14-2 is amended to read as follows:
    7 2C:14-2. Sexual assault. a. An actor is guilty of aggravated
    8 sexual assault if he commits an act of sexual penetration with
    9 another person under any one of the following circumstances:
    10 (1) The victim is less than 13 years old;
    11 (2) The victim is at least 13 but less than 16 years old; and
    12 (a) The actor is related to the victim by blood or affinity to the
    13 third degree, or
    14 (b) The actor has supervisory or disciplinary power over the
    15 victim by virtue of the actor's legal, professional, or occupational
    16 status, or
    17 (c) The actor is a foster parent, a guardian, or stands in loco
    18 parentis within the household;
    19 (3) The act is committed during the commission, or attempted
    20 commission, whether alone or with one or more other persons, of
    21 robbery, kidnapping, homicide, aggravated assault on another,
    22 burglary, arson or criminal escape;
    23 (4) The actor is armed with a weapon or any object fashioned in
    24 such a manner as to lead the victim to reasonably believe it to be a
    25 weapon and threatens by word or gesture to use the weapon or
    26 object;
    27 (5) The actor is aided or abetted by one or more other persons
    28 and the actor uses physical force or coercion;
    29 (6) The actor uses physical force or coercion and severe
    30 personal injury is sustained by the victim;
    31 (7) The victim is one whom the actor knew or should have
    32 known was physically helpless, mentally defective or mentally
    33 incapacitated.
    34 Aggravated sexual assault is a crime of the first degree.
    35 Notwithstanding the provisions of any other law, a person convicted
    36 of aggravated sexual assault under the provisions of paragraph (1)
    37 of this subsection or under the provisions of subparagraph (b) of
    38 paragraph (2) of this subsection shall be sentenced to a minimum
    39 term of imprisonment of 10 years during which the person shall not
    40 be eligible for parole.
    41 b. An actor is guilty of sexual assault if he commits an act of
    42 sexual contact with a victim who is less than 13 years old and the
    43 actor is at least four years older than the victim.
    44 c. An actor is guilty of sexual assault if he commits an act of
    45 sexual penetration with another person under any one of the
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    following c 1 ircumstances:
    2 (1) The actor uses physical force or coercion, but the victim
    3 does not sustain severe personal injury;
    4 (2) The victim is on probation or parole, or is detained in a
    5 hospital, prison or other institution and the actor has supervisory or
    6 disciplinary power over the victim by virtue of the actor's legal,
    7 professional or occupational status;
    8 (3) The victim is at least 16 but less than 18 years old and:
    9 (a) The actor is related to the victim by blood or affinity to the
    10 third degree; or
    11 (b) The actor has supervisory or disciplinary power of any
    12 nature or in any capacity over the victim; or
    13 (c) The actor is a foster parent, a guardian, or stands in loco
    14 parentis within the household;
    15 (4) The victim is at least 13 but less than 16 years old and the
    16 actor is at least four years older than the victim.
    17 Sexual assault is a crime of the second degree. Notwithstanding
    18 the provisions of any other law, a person convicted of sexual assault
    19 under the provisions of subparagraph (b) of paragraph (3) of this
    20 subsection shall be sentenced to a minimum term of imprisonment
    21 of 10 years during which the person shall not be eligible for parole.
    22 (cf: P.L.2001, c.60)
    23
    24 2. This act shall take effect immediately.
    25
    26
    27 STATEMENT
    28
    29 This bill imposes mandatory minimum terms of imprisonment on
    30 persons who take advantage of their supervisory positions by
    31 committing sexual assault against the young victims they are
    32 supervising. The bill also imposes mandatory minimum terms on
    33 all persons who commit aggravate sexual assault against victims
    34 under the age of 13.
    35 Under the bill, a mandatory minimum term of 10 years without
    36 parole eligibility would be imposed on persons convicted of
    37 aggravated sexual assault under the provisions of N.J.S.A.2C:14-
    38 2a.(2)(b). Currently, this statute provides that a person commits the
    39 first degree crime of aggravated sexual assault if he commits an act
    40 of sexual penetration upon a victim who is at least 13 but less than
    41 16 years old and the defendant has supervisory or disciplinary
    42 power over the victim by virtue of the actor's legal, professional, or
    43 occupational status.
    44 The bill also imposes a mandatory minimum term of 10 years
    45 without parole eligibility on persons convicted of sexual assault
    46 under the provisions of N.J.S.A.2C:14-2c.(3)(b). This statute
    47 provides that a person commits the second degree crime of sexual
    48 assault if he commits an act of sexual penetration upon a victim
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    who is at least 16 but less than 1 18 years old and the defendant has
    2 supervisory or disciplinary power of any nature or in any capacity
    3 over the victim.
    4 Finally, the bill imposes a mandatory minimum term of 10 years
    5 without parole eligibility on persons convicted of aggravated sexual
    6 assault under the provisions of N.J.S.A.2C:14-2a.(1). This statute
    7 provides that a person commits the first degree crime of aggravated
    8 sexual assault if he commits an act of sexual penetration upon a
    9 victim less than 13 years old.
    10 Generally, a crime of the first degree is punishable by a term of
    11 imprisonment of ten to 20 years or a fine of up to $200,000, or both;
    12 a crime of the second degree, by a term of five to ten years or a fine
    13 up to $150,000, or both.



    So according to this, it would be perfectly fine for a 16 year old person to have a sexual relationship with someone who is 21 years old?
    This part of the document/law would allow for this:

    8 (3) The victim is at least 16 but less than 18 years old and:
    9 (a) The actor is related to the victim by blood or affinity to the
    10 third degree; or
    11 (b) The actor has supervisory or disciplinary power of any
    12 nature or in any capacity over the victim; or
    13 (c) The actor is a foster parent, a guardian, or stands in loco
    14 parentis within the household;


    If none of the conditions are meet then no crime is committed?

    Thank you for helping me confirm this.
     

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