There are currently 485 registered sex offenders in Ocean County. This equates to approximately 4.8 offenders per 10,000 residents. The Ocean County Prosecutor's Office works diligently with local and state agencies of law enforcement to respond to sexually-based crimes. Individuals that are the subject of these allegations are strongly encouraged to retain seasoned defense counsel.
|
New Jersey Sex Offense |
Level of Offense |
Maximum Incarceration |
Maximum Fine |
|
Aggravated Sexual Assault |
First Degree |
10 to 20 years |
Up to $200,000 |
|
Sexual Assault |
Second Degree |
5 to 10 years |
Up to $150,000 |
|
Aggravated Criminal Sexual Contact |
Third Degree |
3 to 5 years |
Up to $15,000 |
|
Criminal Sexual Contact |
Fourth Degree |
18 months or fewer |
Up to $10,000 |
|
Lewdness (Without Intimate Part Exposure) |
Disorderly Person Offense |
6 months or fewer |
Up to $1,000 |
Key Factors: Sexual Penetration and Sexual Contact (2C:14-1)
It is important to define sexual penetration and sexual contact when understanding how these offenses are committed. Sexual penetration occurs when a body part or object is inserted into the vagina or anus. This is one key element in a first-degree aggravated sexual assault case.
An act of sexual contact is committed when the victim's “intimate parts” are intentionally touched either directly or through clothing. These acts may be committed to degrade or humiliate the victim and/or for the perpetrator's sexual arousal or gratification. Intimate parts may include “sexual organs, genital area, anal area, inner thigh, groin, buttock or breast.”
Mandatory Minimum Sentencing (2C:14-6)
Any offender convicted of a second-offense of sexual assault or aggravated criminal sexual contact will have a fixed sentence of five years imposed without eligibility for parole. Courts are not permitted to suspend these sentences or otherwise deviate from this minimum requirement.
Statute of Limitations
New Jersey does not have a statute of limitations for sexual assault crimes. The victim may file criminal charges regardless of how many years have passed since the alleged incident occurred.
Offender Registration According to Megan's Law (2C:7-2)
This law was named after Megan, a seven-year-old girl that was raped and murdered. It requires that convicted sex offenders determined to be at risk of re-offending register with law enforcement. This offender information is stored in a public database on the internet.
If an offender fails to comply with the registration requirement they may be charged with an additional third-degree offense. This also applies to those offenders moving to New Jersey who was originally convicted and were required to register as a sex offender in another state or jurisdiction.
Possible Defenses for Allegations of Sexual Assault
There are several possible defenses in these cases. A defendant may contend that the alleged victim had agreed or consented to participate in the sexual activity. A victim may potentially misidentify their alleged perpetrator. This is a strong defense when the defendant has a credible alibi stating that they were at a different location at the time of the offense.
Experienced Legal Defense for Sex Offenses
If you have been arrested and charged with a sexually-based criminal offense, significant penalties may be imposed if convicted. Attorney Joseph D. Lento will work on your behalf to ensure your legal rights are protected. For a case evaluation, contact the office at (888) 535-3686 today.
