ASSEMBLY, No. 549

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman TURNER

An Act concerning penalties for sexual assault, amending N.J.S.2C:14-2 and supplementing Title 2C of the New Jersey Statutes.

    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 foster 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 either of the following circumstances exists:

    (a) The actor uses physical force or coercion, or

    (b) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated;

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

    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) or (6) 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 one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated;

    (3) 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;

    (4) 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 over the victim; or

    (c) The actor is a foster parent, a guardian, or stands in loco parentis within the household;

    (5) 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.1989, c.228, s.3)

    2. (New section) Notwithstanding the provisions of section 7 of P.L.1979, c.441 (C.30:4-123.51), R.S.30:4-140, R.S.30:4-92 or any other law, a term of imprisonment imposed on a person confined to the Adult Diagnostic and Treatment Center pursuant to the provisions of chapter 47 of this Title shall not be reduced by progressive time credits or credits for diligent application to work and other institutional assignments for any year or fractional part of a year during which the person failed to fully cooperate with all offered treatment.

    3. 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.

    The bill also provides that inmates confined to the Adult Diagnostic and Treatment Center, the institution for the treatment of repetitive and compulsive sex offenders, be ineligible for "good behavior" credits unless they fully cooperate with the treatment offered during their confinement.

Provides for mandatory life imprisonment for sexual assault upon a minor; makes "good behavior" credits at ADTC contingent on cooperation with treatment.