Criminal sexual contact is a much more serious criminal charge than most anticipate. It is always a felony offense that must be sent to the county courthouse for resolution and carries the potential for significant penalties in the event of conviction, including jail and registration as a sex offender. If you were arrested, indicted or otherwise charged with criminal sexual contact in any county, you definitely want to hire a skilled defense lawyer immediately.
What Constitutes Criminal Sexual Contact Under New Jersey Law?
The term “sexual contact” is defined at N.J.S.A. 2C:14-2 of New Jersey Law and means intentional touching of the intimates parts of another person or the actor for the purposes of degrading or humiliating the victim or achieving sexual arousal or gratification. “Intimate parts” are defined to include sexual organs, genitals, anus, inner thigh, groin, buttocks or breast. Sexual contact becomes criminal and gives rise to a fourth degree crime pursuant to 2C:14-4(b) where one of the circumstances outlined in N.J.S.A. 2C:14-2(c)(1)-(4) exist.
(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
(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;
(3) The victim is at least 16 but less than 18 years old and:
(a) The actor is related to the victim by blood or affinity to the third degree; or
(b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(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.
These circumstances are the same ones that apply in cases of sexual assault except for the fact that here they arise out of a situation involving sexual contact as opposed to penetration.
What Penalties Will I Face If I Am Convicted Of Criminal Sexual Contact?
The standard penalties for a fourth degree crime apply in the event of conviction pursuant to N.J.S.A. 2C:14-3(b). This includes a maximum fine of $10,000 and up to eighteen (18) months in state prison. In addition, an individual is required to register as a convicted sex offender under Megan’s Law where criminal sexual contact is with victim who is under eighteen (18) years of age.
How Is This Offense Enhanced To Aggravated Criminal Sexual Contact
If certain aggravating circumstances exists (e.g. victim below 16 years old, weapon used, resulted in severe injury, etc.), the charge escalates to a third degree crime under subsection (b) of 2C:14-3. This charge is titled aggravated criminal sexual contact. Registration under Megan’s Law is mandatory whenever the offense is aggravated.
NJ Criminal Sexual Contact Attorney
If you were arrested anywhere in New Jersey, you are probably already scheduled to appear at Criminal Intake This is where your case will be screened to determine whether you are a candidate for Pretrial Intervention. Our attorneys can provide helpful guidance without this process and, more importantly, in the defense of the underlying criminal sexual contact offense.
Other Resources
New Jersey Model Criminal Jury Charges – Criminal Sexual Contact N.J.S.A. 2C:14-3b
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