A761

ASSEMBLY, No. 761

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman BUONO

An Act concerning penalties for sexual assault amending N.J.S.2C:14-2 and N.J.S.2C:14-6.

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

(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. A person convicted under this subsection shall be sentenced to a term of imprisonment. Notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6 and subsection f. of N.J.S.2C:44-1, the term of imprisonment shall be a maximum of 40 years with a presumptive term of 25 years and shall include the imposition of a minimum term which shall be fixed at either one-third and one-half of the sentence imposed, during which time the defendant shall not be eligible for parole.

In determining the mandatory minimum term of imprisonment the court shall consider the aggravating and mitigating circumstances as set forth in subsection a. and b. of N.J.S.2C:44-1. If the court finds that the aggravating factors substantially outweigh the mitigating factors, the minimum term of imprisonment shall be one-half of the term imposed, during which the defendant shall not be eligible for parole. If court finds that the aggravating factors do not substantially outweigh the mitigating factors, the term of imprisonment shall be one-third of the term imposed, during which the defendant 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

(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. A person convicted under this subsection shall be sentenced to a term of imprisonment. Notwithstanding the provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6 or subsection f. of N.J.S.2C:44-1, the term of imprisonment shall be a maximum of 30 years with a presumptive terms of 20 years and shall include the imposition of a minimum term which shall be fixed at either one-third and one-half of the sentence imposed, during which time the defendant shall not be eligible for parole.

(cf: P.L.1989, c.228, s.3)

2. N.J.S.2C:14-6 is amended to read as follows:

2C:14-6. Sentencing. a. If a person is convicted of a second or subsequent offense under [sections 2C:14-2 or 2C:14-3a.]subsection a. of N.J.S.2C:14-3, the sentence imposed under [those sections] that section for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, include a [fixed] mandatory minimum [sentence] term of imprisonment of [not less than] 5 years, during which the defendant shall not be eligible for parole.

b. If a person is convicted of a second or subsequent offense under subsection a. of N.J.S.2C:14-2, the sentence imposed under that section for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, include a term of imprisonment between 25 years and life imprisonment and shall include a mandatory minimum term of 25 years, during which the defendant shall not be eligible for parole.

c. If a person is convicted of a second or subsequent offense under subsections b. or c. of N.J.S.2C:14-2, the sentence imposed under that section for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, include a term of imprisonment between 20 years and life imprisonment and shall include a mandatory minimum term of 20 years, during which the defendant shall not be eligible for parole.

The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or [2C:14-3a.]subsection a. of N.J.S.2C:14-3 or under any similar statute of the United States, this state, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or [2C:14-3a.]subsection a. of N.J.S.2C:14-3.

(cf: P.L.1978, c.95, s.2C:14-6)

3. This act shall take effect immediately.

STATEMENT

This bill would provide for increased penalties for persons convicted of aggravated sexual assault and sexual assault.

Under the current provisions of the law aggravated sexual assault is a crime of the first degree which is punishable by a term of imprisonment of 10 to 20 years, a maximum fine of $100,000.00 or both. This bill would increase this penalty and provide that a person convicted of aggravated sexual assault would be sentenced to a maximum term of imprisonment of 40 years with a presumptive terms of 25 years which would include a minimum term of either one-half or one-third of the sentence imposed, during which time the defendant shall not be eligible for parole.

This bill would also increase the penalty for sexual assault. Currently, sexual assault is classified as a crime of the second degree which is punishable by a term of imprisonment between five to 10 years, a maximum fine of $100,000.00 or both. This bill would sentence a person convicted of sexual assault to a maximum term of imprisonment of 30 years with a presumptive term of 20 years and with a mandatory minimum term of imprisonment of either one-half or one-third of the sentence imposed.

In addition, the bill would require the court to weigh the aggravating and mitigating circumstances set forth in N.J.S.2C:44-1 to determine the sentence for either an aggravated sexual assault conviction or a sexual assault conviction.

The bill would also amend N.J.S.2C:14-6 to increase the term of imprisonment for a person who has been convicted of a second or subsequent offense of aggravated sexual assault and sexual assault. The term of imprisonment for a second or subsequent offense of aggravated sexual would include a term of 25 years to life, with a mandatory minimum term of 25 years, during which time the person shall not be eligible for parole.

The term of imprisonment for a second or subsequent conviction of sexual assault would include a term of 20 years to life, with a mandatory minimum term of 20 years.

Increases terms of imprisonment for aggravated sexual assault and sexual assault; imposes mandatory minimum terms of imprisonment.