Aggravated Criminal Sexual Contact

    Bergen County Aggravated Criminal Sexual Contact Lawyers

    Hackensack NJ Aggravated Criminal Sexual Contact Lawyers

    If you or a loved one have been charged with Aggravated Criminal Sexual Contact in Bergen County New Jersey, the Law Office of Jonathan F. Marshall can help you.  The governing statute for aggravated criminal sexual contact in New Jersey is N.J.S.A. 2C:14-3. As you will see below, there are five (5) different types of aggravated criminal sexual contact which one can be charged with. Please contact any one of our Bergen County offices for a free consultation with one of our experienced criminal defense attorneys.  Here is some key information that you must know about aggravated criminal sexual contact, including what the State must prove.

    Aggravated Criminal Sexual Contact: N.J.S.A. 2C:14-3

    Elements of the Offense:

    First the State must prove that a sexual contact occurred, therefore:

            • The State must prove beyond a reasonable doubt, that the defendant committed some type of sexual contact, which includes the touching by either the victim or the defendant of either the victim’s or the defendant’s intimate parts. In addition, the state must prove that the underline touching was not only intentional but that it was done with the purpose to degrade or sexual arouse the victim or in the alternative gratify the defendant.

    In addition to the sexual contact, the State must prove that:

            1. The victim was at least thirteen years old but less than sixteen years old at the time the incident occurred and that a special relationship existed between the defendant and the victim. {The special relationships include: the defendant is related to the victim by blood or affinity or that the defendant has a supervisory or disciplinary power over the victim or the defendant is a foster parent, guardian, or stands in loco parentis within the household}; OR
            2. That the sexual contact in question was committed during the commission any of the following crimes: robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape; OR
            3. While committing the underline sexual contact, the defendant possessed a weapon and threatened to use the weapon; OR
            4. That the sexual contact was achieved as a result of the defendant being aided by another person and that some form of force or coercion was used; OR
            5. That the defendant used either physical force or coercion to achieve the sexual contact and that the victim suffered severe personal injury; OR
            6. That the victim was physically helpless, mentally defective or mentally incapacitated and that the defendant either knew or should have known about the condition.

    It is important to note here that there is a separate statute of limitations for an aggravated sexual contact charge depending on how old the victim is when the underline incident occurred. If the victim in question was below the age of eighteen (18) when the sexual contact occurred, the criminal prosecution must be initiated within five years of the victim reaching the age of eighteen or within two years of the discovery of the offense by the victim, whichever is later.

    Applicable Penalties:

    Pursuant to N.J.S.A. 2C:43-1, aggravated criminal sexual contact is a crime of the third degree. Therefore, an individual’s exposure under a crime of the third degree is three to five years in a New Jersey State Prison.  Unlike aggravated sexual assault and sexual assault, aggravated criminal sexual contact does not automatically implicate the No Early Release Act (“NERA”).  However, an individual who is convicted of aggravated criminal sexual contact will most likely be subject to Megan’s Law, which normally requires registration for life.

    Bergen County Powerhouse Defense Firm

    As you can tell, the aggravated criminal sexual contact statute can be confusing at times. What qualifies as sexual contact? Is consent a defense? Will I be subject to Megan’s Law? Is this considered a sex crime in NJ? If you have any questions regarding aggravated criminal sexual contact or any other charge for that matter, please call any one of our Bergen County offices for an initial free consultation. There is too much to risk to not be fully informed of exactly what your facing.