Across the U.S., there are roughly 150,000 adult sex offenders that are incarcerated. At least 10,000 of these individuals are released into the community as registered sex offenders annually. In Camden County, there are currently 670 registered sex offenders, which equates to 7.4 per 10,000 residents.
Types of Sex Crimes in New Jersey
- Aggravated sexual assault: first degree
- Sexual assault: second degree
- Aggravated criminal sexual contact: third-degree
- Criminal sexual contact: fourth degree
- Lewdness: fourth-degree or disorderly person offense
Sexual Penetration and Contact (2C:14-1)
Sexual assault and criminal sexual contact are among the most serious charges. Some many factors and circumstances must be considered in determining what constitutes the degree or level of the offense. Examples include the age of the victim, the nature of the offense and the relationship between the perpetrator and victim, and other potentially “aggravating” circumstances.
Sexual penetration is defined as vaginal, oral or anal intercourse using a part of the body or an object. Sexual contact involves touching the victim's intimate body parts either directly or through the clothing. The act of touching is done with intent and is generally motivated by a desire to humiliate or degrade the victim and/or for the perpetrator's arousal or gratification.
Understanding Consent to Engage in Sexual Activity
Acts that are deemed as being sexual assault or contact involve a victim that has either not given consent to participate in sexual activity or is incapable of legal giving consent. In New Jersey, those under the age of 16 are unable to legally consent. Those under the age of 18 are also unable to legally consent to engage in sexual activity with those that have some parental, custodial, supervisory or similar role.
There is an exception that applies to those between the age of 13 and 16 unless the sexual partner is four or more years older. For example, a 15-year-old and a 17-year-old that consensually participate in sexual activity would not be considered unlawful. Those who are unable to consent to sexual activity are those who are cognitively impaired, unconscious, significantly intoxicated by drugs or alcohol and others.
Mandatory Sentencing Provisions (2C:14-6)
Those convicted of sexual assault or criminal sexual contact for a second time are subject to a mandatory minimum sentence. This is a five-year sentence with no eligibility for parole. Courts also may not suspend any portion of this term of imprisonment.
New Jersey: Maximum Penalties
|
Offense |
Period of Incarceration |
Maximum Fine |
|
First Offense |
10 to 20 years |
Up to $200,000 |
|
Second Degree |
5 to 10 years |
Up to $150,000 |
|
Third Degree |
3 to 5 years |
Up to $15,000 |
|
Fourth Degree |
18 months |
Up to $10,000 |
Central Offender Registration
Certain convicted sex offenders are required to register for the New Jersey Sex Offender Internet Registry. This is a centralized database that contains information about the offenders that the public can use as a resource. Those who fail to initially register or update their information are deemed to be non-compliant and may be arrested.
Aggressive Defense Lawyer for Sex Crimes in New Jersey
The short and long-term ramifications of a conviction for a felony sex offense can be devastating. Attorney Joseph D. Lento understands what is at stake and will work diligently to defend your rights and freedom. For a consultation, contact the office at (888) 535-3686 today.
