You absolutely need a skilled lawyer that has experience in dealing with sex charges if you have been charged with a sex crime. A sex crime conviction may come with many years in prison and a lifetime on local and national sex offender registries. The stigma of being branded a sexual predator can be life-altering in very detrimental ways and the conviction will follow you for the rest of your life. Employing the help of an experienced criminal defense attorney can help you overcome the hurdles of a sex crimes charge and fight the potential conviction.

In New Jersey, a person must be at least 16 to consent to participate in sexual activity. However, they must be at least 18 to consent to sexual activity with someone who has a “duty to care” for them, meaning someone who has a position of authority or guardianship over the minor.

Megan's Law

Understanding New Jersey’s Megan’s Law On October 31, 1994, former Governor Christine Todd Whitman signed legislation that mandated that sex offenders register with the state and required that the community is notified in appropriate circumstances. These laws are commonly referred to as “Megan’s Laws.” Registration Requirements Under Megan’s Law In New Jersey, if you were convicted of a sex crime since Megan’s law went into effect on October 31, 1994, or were serving a sentence as of that date, you are required to register with the state. Any sex offenders who have repetitive offenses are required to register regardless of the date of the conviction. If you were convicted of a sex crime in another state, you must register with the State of New Jersey within 10 days of moving to New Jersey, attending a school in New Jersey, or are employed in New Jersey. If you are moving within the state of New Jersey, you will be required to report a change of address to local police at least 10 days prior to the move. A sex offender’s registration will remain active, and they are required to maintain registration, for the rest of their lives. Notification to the community will depend on the Tier assessed by the county prosecutor.

4th Degree - Criminal Sexual Contact

Under New Jersey law (N.J.S.A. 2C: 14-3b) criminal sexual contact occurs when a person commits an act of “sexual contact” under any of the following circumstances which are set out in N.J.S.A. 2C: 14-2c(1) to (4):

• The actor uses physical force or coercion, but the victim does not suffer severe personal injury.

• The victim is at least 13 but less than 16 years old, and the actor is at least four years older than the victim.

• The victim is serving probation or parole or being detained in a hospital, prison, or another institution, and the actor has supervisory or disciplinary power over the victim due to the actor’s legal, professional or occupational status.

• The victim is at least 16 but less than 18 years old, and the actor is related to the victim by blood or affinity to the third degree, has supervisory or disciplinary power of any nature over the victim, or is a resource family parent, guardian or one who stands in loco parentis within the victim’s household.

  
  

What is “sexual contact” under New Jersey law? According to N.J.S.A. 2C: 14-1d, it is the “intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.” It can also include “sexual contact of the actor with himself” if the contact was “in view of the victim whom the actor knows to be present.” A criminal sexual contact defense attorney can help.

3rd Degree - Aggravated Criminal Sexual Contact

Under certain circumstances, criminal sexual contact can be elevated to the more serious offense of aggravated criminal sexual contact. Under N.J.S.A. 2C: 14-3a, this occurs if the sexual contact occurs in any of the following situations set out in N.J.S.A. 2C: 14-2a(2) to (7):

• The victim is at least 13 but younger than 16 years old, and the actor is related to the victim or has supervisory or disciplinary power over the victim. The crime was committed during the actor’s commission or attempted commission, of a robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape.

• The actor was armed with a weapon (or any object that could reasonably be perceived by the victim to be a weapon) and threatened to use that weapon.

• Some aided and abetted the actor, and the actor used physical force or coercion.

• The victim suffered a severe personal injury.

• The victim was helpless or incapacitated, and the actor knew or should have known that.

  
  

A person accused of criminal sexual contact is presumed innocent unless and until proven otherwise beyond a reasonable doubt – even though you may not feel like that is the case if you have been charged with this sex offense.

Penalties for Criminal Sexual Contact

Criminal sexual contact is an indictable offense in New Jersey (or a felony). It is punishable as a crime of the fourth degree, which means that a person can face up to 18 months in prison if he or she is convicted of this offense. If the prosecution elevates the charge to aggravated criminal sexual contact, it becomes a crime of the third degree, which can carry a prison sentence of three to five years. Additionally, if a person is convicted of criminal sexual contact or aggravated criminal sexual, a person may face consequences such as:

• Registration as a sex offender under Megan’s Law

• Parole supervision for life

• Fines and court costs.

  
  

2nd Degree - Sexual Assault

Sexual assault includes rape and other sexual charges. It is considered a second-degree crime and is punishable by between 5 and 10 years in prison. This includes committing an act of sexual penetration under the following circumstances outlined in N.J.S.A. 2C:14-2:

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:

   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;

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.

1st Degree - Aggravated Sexual Assault

Aggravated sexual assault is considered a crime of the first-degree and carries up to a 20 years prison sentence. If the victim of an aggravated sexual assault in below the age of 13, you are facing between 25 years to life imprisonment if found guilty at trial. If you are convicted, you may also be subject to the No Early Release Act and be required to serve 85% of your sentence before being eligible for parole. First degree aggravated sexual assault is committed when an act of penetration occurs under the following circumstances outlined in N.J.S.A. 2C:14-2:

1. The victim is less than 13 years old;

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;

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;

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;

5. The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

6. The actor uses physical force or coercion and severe personal injury is sustained by the victim;

7. The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.

Sex crimes are very complicated matters and requires an attorney that has experience in handling the intense legal battle that is associated with such offenses. More often than not, you are fighting from the back foot and automatically assumed to be guilty. At trial the most vulnerable people in society will be pointing the finger at you and accusing you of the most horrific acts. In this scenario you need an attorney with trial experience who can prepare a solid defense. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.