Criminal Sexual Contact in NJ (N.J.S.A 2C:14-3)

What Is Criminal Sexual Contact?

Criminal sexual contact is a serious charge with significant ramifications if a person is convicted. Defined under the statute N.J.S.A. 2C:14-3, this crime occurs when the actor or victim intentionally touch, either directly or through clothing, the intimate parts of either the actor or victim for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. Intimate parts are considered anywhere in the genital region, including sexual organs, as well as the anal area and buttocks, the inner thigh and breasts. Sexual contact by the actor with themselves must be in view of a victim that the actor knows is present in order to be considered a criminal offense. Unlike the more serious sex crime charge of sexual assault, this crime does not require penetration.

Criminal Sexual Contact Situations

There are two degrees of charges for criminal sexual contact. The first is baseline criminal sexual contact and it occurs when any of the following criteria are met:

1. The actor uses physical force or coercion, but the victim does not sustain severe personal injury. (2C:14-2c(1))
2. 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. (2C:14-2c(2))
3. The victim is at least 16 but less than 18 years old and:
   1. The actor is related to the victim by blood or affinity to the third degree; or
   2. The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
   3. The actor is a resource family parent, a guardian, or stands in loco parentis within the household. (2C:14-2c(3))
4. The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim. (2C:14-2c(4))

Aggravated Criminal Sexual Contact Situations

Aggravated criminal sexual contact is a more serious charge. It comes with heavier penalties and occurs under the following circumstances:

1. The victim is less than 13 years old. (2C:14-2(1))
2. The victim is at least 13 but less than 16 years old and
   1. The actor is related to the victim by blood or affinity to the third degree; or
   2. The actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status; or
   3. The actor is a resource family parent, a guardian, or stands in loco parentis within the household; (2C:14-2(2a-c))
3. The 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. (2C:14-2(3))
4. The actor 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. (2C:14-2(4))
5. The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion. (2C:14-2(5))
6. The actor uses physical force or coercion and severe personal injury is sustained by the victim. (2C:14-2(6))
7. The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated and thus temporarily or permanently incapable of understanding the nature of the actor’s conduct, including providing consent. (2C:14-2(7))

Penalties for Criminal Sexual Contact in NJ

Criminal sexual contact is a fourth degree crime under New Jersey law. It comes with the following penalties if convicted:

• Criminal Sexual Contact in the Fourth Degree
  • Fines of up to $10,000
  • A prison sentence of up to 18 months

Aggravated criminal sexual contact is a more serious offense, being in the third degree, and thus the sentence is more severe. Conviction comes with the following penalties:

• Aggravated Criminal Sexual Contact in the Third Degree
  • Fines of up to $15,000
  • A prison sentence of 3-5 years

Additional Consequences of an NJ Sexual Contact Conviction

In addition, criminal sexual contact is a registerable offense, meaning you will likely be required to have your name added to a sex offender list under Megan’s Law. This means you will be required to disclose your status as a convicted sex offender to your neighborhood and on housing and job applications. These registries last a lifetime and it will take 15 years of being arrest free before you can apply to get yourself removed and even then there is no guarantee your request will be granted. Also note that criminal sexual contact can be considered a type of domestic violence depending on the circumstances.

Need Help with a Sex Crime Case in NJ?

Facing down any criminal charge is daunting, but especially so with a sex offense. A conviction can haunt you long after you have done your time and make living a normal life extremely difficult. At Schneider Freiberger, we have years of experience defending our New Jersey clients against sex crime charges. We will use our expertise to give you the best chance of beating the charges set against you. Contact us to start constructing a powerful defense today.