New Jersey § 2c:14-2
Full text of New Jersey New Jersey Statutes § 2c:14-2, with citation guidance and answers to common questions.
§ 2c:14-2.
Sexual assault. a. An actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person under any one of the following
circumstances: (1) The victim is less than 13 years old; (2) The victim is at least 13 but less than 16 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 over the victim by virtue of the
actor's legal, professional, or occupational status, or (c) 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, carjacking, kidnapping, homicide, aggravated assault on the victim or a person other than the victim , 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 commits the act using coercion or without the victim's affirmative and freely-given permission ; (6) The actor commits the act using coercion or without the victim's affirmative and freely-given permission and severe personal injury is sustained by the victim; (7) The victim , at the time of sexual penetration, is one whom the actor knew or should have known was : (a) physically helpless or incapacitated ; (b) intellectually or mentally incapacitated ; or (c) had a mental disease or defect which rendered the victim temporarily or permanently
incapable of understanding the distinctively sexual nature of the conduct, including, but not limited to, being incapable of providing consent , or incapable of understanding or exercising the right to refuse to engage in the
conduct . Aggravated sexual assault is a crime of the first degree. Except as otherwise provided in subsection d. of this section, a person convicted
under paragraph (1) of this subsection shall be sentenced to a specific term of years
which shall be fixed by the court and shall be between 25 years and life imprisonment
of which the person shall serve 25 years before being eligible for parole, unless
a longer term of parole ineligibility is otherwise provided pursuant to this Title. b. An actor is guilty of sexual assault if the actor commits an act of sexual contact with a victim who is less than 13 years old and
the actor is at least four years older than the victim. c. An actor is guilty of sexual assault if the actor commits an act of sexual penetration with another person under any one of the following
circumstances: (1) The actor commits the act using coercion or without the victim's affirmative and freely-given permission , 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 ; (5) The victim is a pupil at least 18 but less than 22 years old and has not received
a high school diploma and the actor is a teaching staff member or substitute teacher,
school bus driver, other school employee, contracted service provider, or volunteer
and the actor has supervisory or disciplinary power of any nature or in any capacity
over the victim. As used in this paragraph, “ teaching staff member ” has the meaning set forth in N.J.S.18A:1-1 . Sexual assault is a crime of the second degree. d. Notwithstanding the provisions of subsection a. of this section, where a defendant
is charged with a violation under paragraph (1) of subsection a. of this section,
the prosecutor, in consideration of the interests of the victim, may offer a negotiated
plea agreement in which the defendant would be sentenced to a specific term of imprisonment
of not less than 15 years, during which the defendant shall not be eligible for parole. In such event, the court may accept the negotiated plea agreement and upon such
conviction shall impose the term of imprisonment and period of parole ineligibility
as provided for in the plea agreement, and may not impose a lesser term of imprisonment
or parole or a lesser period of parole ineligibility than that expressly provided
in the plea agreement. The Attorney General shall develop guidelines to ensure the uniform exercise of
discretion in making determinations regarding a negotiated reduction in the term of
imprisonment and period of parole ineligibility set forth in subsection a. of this
section.
Frequently Asked Questions About New Jersey § 2c:14-2
What does New Jersey Statutes § 2c:14-2 cover?
Section 2c:14-2 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2c:14-2?
A common citation format is "New Jersey Statutes § 2c:14-2" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2c:14-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.