Like other states, New Jersey makes it illegal to have sex with individuals under a certain age. The reasoning is that until a person reaches a particular age, they're unable to provide informed consent to sexual activity. Yet the state of New Jersey also recognizes that in certain cases, statutory rape laws can sometimes criminalize romantic relationships between teenagers that are similar in age. Because of this, New Jersey has what are colloquially called "Romeo & Juliet laws."
If you or your child is a teenager and are being charged with statutory rape in New Jersey, Romeo and Juliet laws may apply. However, it usually takes the experience and skill of a statutory rape attorney to utilize this defense successfully. Therefore, when you find out that charges are possible, contact the Lento Law Firm Criminal Defense Team. You can schedule a consultation using our online contact form or by calling 888-535-3686.
What Are Romeo and Juliet Laws?
Romeo and Juliet laws are legal exceptions to statutory rape. Specifically, these laws state that statutory rape will not exist if the individuals have consensual sexual contact and there's not a significant age gap between them, typically four years or less. The term "Romeo and Juliet law" refers to Shakespeare's play, Romeo and Juliet which revolved around two young lovers who had a romantic relationship against the wishes of their families.
New Jersey doesn't have a specific statute or law that creates this exception. Rather, the exceptions are built into the various criminal statutes covering sex crimes.
Exactly how these Romeo and Juliet laws work depends on the age of the individuals and the type of sexual contact they have with each other. To better understand how New Jersey's Romeo and Juliet laws work, we need to first examine the state's laws concerning statutory rape and the age of consent.
An Overview of New Jersey's Statutory Rape Laws
Age of Consent
Statutory rape refers to consensual sexual activity between two individuals, but one of the individuals is below the state's age of consent. In New Jersey, the age of consent is 16 years of age. This means that as long as the younger individual is at least 16 years old, they can legally consent to sex with almost anyone else older than them.
The key here is "almost," as the age of consent in New Jersey rises to 18 if the older individual is someone who owes a duty of care to the younger person but is not a teacher, such as a babysitter or religious leader. The age of consent is also 18 if the individual is having sex in exchange for anything of value, like money. So, a 17-year-old can't legally consent to have sex if they're being paid to participate in an adult film. The age of consent is 22 if the victim is a student without a high school diploma and the offender is a teacher or other school official who possesses disciplinary authority over the student.
It's also important to note that in certain limited cases, a person can't consent to sex, no matter how old they are. These situations include incapacitation (from drugs or alcohol, for instance), a disability prevents the person from understanding what they're consenting to (and the other individual knows or should have known about this disability), or manipulation (such as tricking someone into agreeing to have sex).
Nature of the Sexual Contact
In addition to the age of the individuals, the type of sex activities they engage in are also a factor as to whether statutory rape exists. For statutory rape purposes, there are two main types of sexual activity to understand.
First, there's "sexual contact," which refers to the intentional touching of a victim's intimate parts for purposes of either degrading or humiliating the victim or sexually gratifying the offender. Sexual contact may exist even if the offender is engaged in sexual contact with themselves, as long as they know they're within view of the victim.
Second, there's "sexual penetration," which refers to vaginal or anal intercourse, as well as oral sex. Sexual penetration may also exist if there's the insertion of any body part or object into the anus or vagina of the victim by the offender or at the offender's instruction.
Depth of insertion isn't a relevant factor in determining if sexual penetration has occurred. The age of consent and type of sexual activity both determine the applicability of the Romeo and Juliet laws.
How Romeo and Juliet Laws Apply in New Jersey
Broadly speaking, if the age difference between the two people having sex is not more than four years, and the younger person is at least 13 years old, then the Romeo and Juliet laws will likely prevent the older person from being charged with statutory rape. However, these laws are a bit more nuanced depending on the type of sexual activity that occurs and the relationship between the victim and offender.
Aggravated Sexual Assault
A person is guilty of aggravated sexual assault (rape) if they commit an act of sexual penetration with someone who is less than 13 years old. No Romeo and Juliet defense applies here.
Aggravated sexual assault also exists if the victim is at least 13 years old but less than 16 years old, the offender commits an act of sexual penetration, and the offender is either a relative of the victim, a parental figure to the victim or is in a position of authority over the victim. Because of the offender's relationship to the victim, who is 13, 14, or 15 years old, no Romeo and Juliet defense applies here.
Sexual Assault
A person is guilty of sexual assault if they commit an act of sexual contact with someone who is less than 13 years old and is at least four years older than the victim. Romeo and Juliet defense may apply here if the offender is less than four years older than the victim.
Sexual assault can also exist if the offender commits an act of sexual penetration and the victim is at least 16 years old but less than 18 years old and:
- The offender is related to the victim;
- The offender and disciplinary or supervisory authority over the victim; or
- The offender is a parental figure to the victim.
No Romeo and Juliet defense applies here.
If the victim is at least 13 years old but less than 16 years old and the offender is at least four years older than the victim and engages in sexual penetration with the victim, then the offender is also guilty of sexual assault. The Romeo and Juliet defense may apply here if the offender is less than four years older than the victim and the victim is 13, 14, or 15 years old.
If the victim is a student who doesn't have a high school diploma and is at least 18 years old but less than 22 years old, then the offender could be guilty of sexual assault if they commit an act of sexual penetration with the victim and the offender is a teacher or other school official with disciplinary authority over the student. No Romeo and Juliet defense applies here.
Criminal Sexual Contact
For the most part, criminal sexual contact charges apply in situations where sexual assault charges would be warranted, but instead of the offender committing acts of sexual penetration, they commit acts of sexual contact.
If an offender commits an act of sexual contact (as opposed to sexual penetration) in an "aggravated sexual assault" situation, then they could be charged with aggravated sexual contact.
If an offender commits an act of sexual contact (as opposed to sexual penetration) in a "sexual assault" situation, then they could be charged with sexual contact.
Why Do Romeo and Juliet Laws Exist?
These exceptions to statutory rape exist because lawmakers (and presumably most of the general public in the state) understand that if statutory rape laws were strictly applied, it could lead to unfair punishments for youths who are romantically involved with each other. Romeo and Juliet laws recognize that:
- Teenagers are curious and want to explore themselves and their relationships.
- When teenagers are close in age and have sex with each other, predatory behavior is less likely to exist.
- There's less likely to be maturity or power differences among sexually active individuals who are close in age.
Not everyone agrees with providing legal exceptions to statutory rape. Some people feel that New Jersey's Romeo and Juliet laws shouldn't exist because:
- Teenagers are capable of manipulation, just like adults.
- Romeo and Juliet laws encourage sexual activity among minors.
- It's arbitrary to tie someone's maturity to their age.
Other Defense to Statutory Rape Charges
Assuming the Romeo and Juliet defense doesn't apply, there are only two other major defenses a defendant could present in court. The first is that they're not the person who had sexual relations with the victim. The second is that the conduct they're being accused of didn't take place.
New Jersey is like many other states in that it doesn't generally accept the mistaken-age defense. Statutory rape is a strict liability crime, meaning the state of mind of the defendant is usually irrelevant. So even if the victim lied about their age or the offender was reasonable in believing the victim was older than they really were, the defendant can still be charged and found guilty of statutory rape.
Potential Penalties for Statutory Rape in NJ
If the Romeo and Juliet laws don't apply and the offender is convicted of any of the above crimes, they face the following potential penalties:
- Aggravated sexual assault: Between 10 and 20 years in prison and a fine of up to $200,000. An added sex offender penalty of $2,000 is also possible.
- Sexual assault: Between five and 10 years in prison and a fine of up to $150,000. An added sex offender penalty of $1,000 is also possible.
- Aggravated sexual contact: Between three and five years in prison and a fine of up to $15,000. An added sex offender penalty of $750 is also possible.
- Sexual contact: Up to 18 months in prison and a fine of up to $10,000.
Conviction of any of the above offenses can also require the defendant to register on a sex offender's registry list under New Jersey's Megan's Law. The exact registration requirements depend on the defendant's tier level. Tier 1 registrants are considered a low risk to re-offend. Tier 2 registrants are considered a moderate risk to re-offend. Tier 3 registrants are considered a high risk to re-offend.
All tier 3 and some tier 2 registrants will have their information posted in the online registry maintained by the New Jersey Division of State Police.
Upon conviction, all registrants must submit their personal information to their local police department. Information provided includes personal address and place of employment. When the registrant moves, they must notify their local police department at least 10 days before the move. Failure to properly register is a crime of the fourth degree, which means conviction could lead to up to 18 months in prison and a fine of up to $10,000.
The requirement to register lasts for the registrant's entire life, although a registrant may request to be removed from the registry if they apply to a court to be removed and show that they:
- Only committed one offense;
- Haven't committed another eligible offense in the last 15 years; and
- Aren't likely to pose a threat to the safety of others.
Juveniles required to register may also ask the court to be removed, but only if they were under the age of 14 at the time of their offense and they were at least 18 years old at the time of the removal request.
Legal Help Against Statutory Rape Charges
Being charged with a sex crime is a big deal that could lead to years in prison, hundreds of thousands of dollars in fines, and a lifetime of registering as a sex offender. Even if New Jersey's Romeo and Juliet law applies to your case, you must contact the Criminal Defense Team of the Lento Law Firm immediately. The sooner you talk to a lawyer, the better your chances are of successfully applying the close-in-age exception provided by NJ's Romeo and Juliet laws. You can contact us by calling 888-535-3686 or by using our online contact form.
