ASSEMBLY JUDICIARY COMMITTEE
STATEMENT TO
ASSEMBLY, No. 1719
with committee amendments
STATE OF NEW JERSEY
DATED: JUNE 8, 2009
The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1719.
This bill, known as the "Jessica Lunsford Act," imposes a mandatory term of imprisonment for certain sex offenses and for those persons who harbor or conceal certain sex offenders.
The bill amends N.J.S.A.2C:14-2 to provide for a mandatory term of imprisonment for certain sex offenders. Under this section, a person convicted of aggravated sexual assault of a minor under the age of 18 or the new crime of first degree sexual assault of a minor under the age of 18 would be sentenced to a specific term of years fixed by the court which would be between 25 years and life imprisonment, of which the person must serve 25 years before being eligible for parole.
Aggravated Sexual Assault. Under current law, a person is guilty of aggravated sexual assault if he commits an act of sexual penetration with a victim under any one of the following circumstances: (1) the victim is under the age of 13; (2) the victim is at least 13 but less than 16 and the actor is related to the victim, has supervisory power over the victim, or is a resource family (foster) parent, guardian, or stands in loco parentis within the household; (3) the act is committed during the commission or the attempted commission of certain crimes, such as kidnapping or robbery; (4) the actor is armed with a weapon; (5) the actor is aided or abetted by another person and uses physical force or coercion; (6) the actor uses physical force or coercion and the victim sustains severe personal injury; and (7) the victim is one whom the actor knew or should have known is physically helpless, mentally defected or mentally incapacitated. Aggravated sexual assault is a crime of the first degree punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. Under the bill, all of these criminal acts would be punishable by a mandatory term of imprisonment of 25 years to life, if the victim was under the age of 18.
Sexual Assault. A person is guilty of the crime of sexual assault under current law if the actor commits an act of sexual contact with a victim who is at least 13 and the actor is at least four years older; or the actor commits an act of sexual penetration under one of following circumstances: (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, detained in a hospital or prison or other institution and the actor has supervisory 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 of age and the actor is related to the victim, has supervisory power over the victim or is a resource family parent, a guardian, or stands in loco parentis within the household; or (4) the victim is at least 13 but less than 16 years of age and the actor is at least four years older. Sexual assault is a crime of the second degree punishable by a term of imprisonment of 5 to 10 years, a fine of up to $150,000, or both.
The bill would create the new crime of first degree sexual assault where the victim is less than 18 years of age and an offense is committed under either of the two following circumstances: (1) the actor uses physical force but the victim does not sustain severe personal injury; or (2) the victim is on probation or parole, detained in a hospital or prison or other institution and the actor has supervisory power over the victim by virtue of the actor’s legal, professional or occupational status. Under the bill, a person convicted of the crime of first degree sexual assault would be sentenced to a specific term of years which shall be fixed between 25 years to life of which the person must serve 25 years before being eligible for parole.
In addition, the bill amends N.J.S.2C:29-3, which prohibits hindering apprehension or prosecution. The bill provides for the mandatory term of imprisonment of three years without eligibility for parole if an actor harbored or concealed a person who is subject to the registration requirements of Megan’s Law and who the actor has reason to believe is not complying or has not complied with the Megan’s Law registration provisions. The committee amended the bill to update this section of law to reflect the enactment of P.L.2008, c.81, which also amended N.J.S.2C:29-3.
This bill is named for Jessica Lunsford, the Florida child who was sexually assaulted and murdered by a sex offender.
The committee made technical amendments to designate Jessica’s name in the title of the bill.
This bill was pre-filed for introduction in the 2008-2009 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.
COMMITTEE AMENDMENTS
1. Amend the title to designate the bill as the “Jessica Lunsford Act.”
2. Delete section 1 of the bill.
3. Insert new section 3 to reflect technical amendments conforming the bill to the enactment of P.L.2008, c.81.
4. The remaining amendments are technical in nature.