New Jersey Sexual Assault Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024

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Every state has its own terminology for sex crimes. For example, some states refer to unlawful sexual penetration as rape, while others call it sexual assault. The definitions and elements of these crimes may be similar, depending on where you live.

In the state of New Jersey, the legislature uses the term sexual assault to describe the crime of rape. Here, we'll explain the elements of this crime along with New Jersey's sexual assault laws. We will also discuss the penalties for this crime in New Jersey and the potential defenses to sexual assault.

If you're facing sexual assault charges and are afraid of what may happen, contact a skilled New Jersey criminal defense lawyer immediately.

What Is Rape in New Jersey?

The New Jersey legislature defines sexual assault as "the penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated."

This crime covers a different range of sexual contact and levels of force or intimidation.

The following table highlights the main provisions of New Jersey's sexual assault laws. See also Statutory Rape and Sex Offenders and Sex Offenses.

Code sections Sexual Assault: N.J.S.A. 2C: 14-2 et seq.
Elements of sexual assault
  • You are over 17 and engage in sexual activities or contact with a child under 13 years of age
  • You commit sexual penetration when: using physical force not resulting in injury to the victim; the victim is under your control, as in the case of a prison inmate or probationer; the victim is between 16 and 18, and they are either your family or you have control over them; you are at least four years older than the victim, and the victim is between 13 and 16

Aggravated Sexual Assault

  • The victim is under 13
  • The victim is between 13 and 16, and you are a family member or have control over them
  • The sexual assault takes place while the defendant is committing another crime (assault, murder, robbery, kidnapping, etc.)
  • The offender commits the act using a weapon or the threat of a weapon
  • The defendant acts in concert with someone else, using force
  • The victim is disabled or in some way mentally incapacitated
What are the definitions of sexual penetration and sexual contact?
  • Sexual penetration: This can mean actual vaginal intercourse. It can also include oral or anal sex using one's penis, digit, or other object
  • Sexual contact: This is the defendant's intentional touching of the victim's private parts, either directly or through their clothing, to degrade or humiliate them. It is also against the law to make sexual contact with the victim for the defendant's sexual arousal or gratification.
Punishment

New Jersey considers sexual assault a felony. It is punishable as a first-degree or second-degree felony, depending on the facts of the case and the victim's age. This crime usually carries a maximum 10-year prison sentence.

In New Jersey law, aggravated sexual assault is a first-degree felony. If the state convicts you of this crime, you may serve up to 20 years in federal or state prison.
Sex offender registration?

Almost all defendants with a sexual assault conviction must register as a sex offender with the New Jersey State Police.
Time limit to report?

Unlike most other crimes, there is no statute of limitations in New Jersey for sexual assault.
Definition of intimate parts

Intimate parts includes the following body parts: penis, vagina, buttocks, female breasts, anus, groin, and inner thigh.

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Sexual Assault of a Minor and Megan's Law

New Jersey has a special sex offender notification system created under Megan's Law. New Jersey's then-governor Christine Todd Whitman passed Megan's Law after convicted sex offenders sexually assaulted and then killed two young girls: Megan Kanka and Amanda Wengert.

Under Megan's Law, people convicted of sexual assault of a minor, including sexual abuse, aggravated criminal sexual contact, and other criminal charges, must register with New Jersey's Sex Offender Registry.

Many sex offenders must remain on the registry for life. Some offenders can ask to come off the list if they can prove that it has been 15 years since their conviction; they only had one offense and are no longer a danger to public safety.

The state police maintain and update the sex offender registry. The system categorizes offenders based on their risk to children and other victims.

The three tiers are as follows:

  • Tier 1 — Low risk
  • Tier 2 — Moderate risk
  • Tier 3 — High risk

The sex offender registry and notification systems let residents know when a convicted sex offender lives in (or moves to) their neighborhood.

Do You Need a New Jersey Criminal Defense Attorney?

If you're facing sexual assault charges in New Jersey, especially those involving a minor, you should consult a skilled criminal defense lawyer. The penalties for these criminal offenses are severe and will affect the rest of your life.

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  • Experienced lawyers can seek to reduce or eliminate criminal penalties
  • Sexual assaults & sex crime convictions often have long sentences and lifelong consequences

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