ASSEMBLY, No. 680

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Provides for mandatory life imprisonment for sexual assault upon a minor.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning penalties for sexual assault and amending N.J.S.2C:14-2.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  N.J.S.2C:14-2 is amended to read as follows:

     2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he 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, 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 defective or mentally incapacitated.

     Aggravated sexual assault is a crime of the first degree.

Notwithstanding the provisions of any other law, a person convicted under paragraph (1) or (2) of this subsection, or convicted under paragraph (3), (4), (5), (6) or (7) where the victim was less than 16 years old, shall be sentenced to life imprisonment, during which time the person shall not be eligible for parole.

     b.    An actor is guilty of sexual assault if he 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 he commits an act of sexual penetration with another person under any one of the
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, 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.

     Sexual assault is a crime of the second degree.

(cf: P.L.2004, c.130, s.13)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would set a mandatory term of life imprisonment, without eligibility for parole, for a person who commits aggravated sexual assault upon a minor under the age of 16.  Aggravated sexual assault is a crime of the first degree.  A crime of the first degree is normally punishable by a term of imprisonment of up to 10 to 20 years, a fine of up to $100,000, or both.