A1215

ASSEMBLY, No. 1215

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AUGUSTINE

An Act concerning penalties for aggravated sexual assault and 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. Notwithstanding the provisions of any other law, a person convicted under paragraph (3), (4), (5) or (6) of this subsection where the victim is less than 16 years old shall be sentenced to a term of imprisonment. The term of imprisonment shall include a mandatory minimum term of 15 years during which 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

(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. Notwithstanding the provisions of any other law, a person convicted under paragraph (1) or (2) of this subsection where the victim is less than 16 years old shall be sentenced to a term of imprisonment. The term of imprisonment shall include a mandatory minimum term of 7 years during which the person shall not be eligible for parole.

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

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

2C:14-6. Sentencing. a. If a person is convicted of a second or subsequent offense under [sections] paragraph (1) or (2), under paragraph (3), (4), (5) or (6) of N.J.S.2C:14-2 where the victim is 16 years old or older or under section 2C:14-3a., the sentence imposed [under those sections] for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 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. Notwithstanding the provisions of any other law, if a person is convicted of a second or subsequent offense under paragraph (3), (4), (5) or (6) of subsection a. of N.J.S.2C:14-2 where the victim is less than 16 years old, the person shall be sentenced to life imprisonment, during which time the person shall not be eligible for parole.

c. Notwithstanding the provisions of any other law, if a person is convicted of a second or subsequent offense under paragraph (1) or (2) of subsection c. of section N.J.S.2C:14-2 where the victim is less than 16 years old, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 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. 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.

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

3. This act shall take effect immediately.

STATEMENT

This bill would set a mandatory minimum term of imprisonment of 15 years, without eligibility for parole, for a person who commits aggravated sexual assault involving force upon a minor under the age of 16. A person who commits a second or subsequent offense would be sentenced to life imprisonment without eligibility for parole.

Aggravated sexual assault is a crime of the first degree. Generally, a crime of the first degree is punishable by a term of imprisonment of up to 10 to 20 years, a fine of up to $100,000, or both.

The bill would also set a mandatory term of imprisonment of 7 years for a person who commits sexual assault involving force upon a minor under the age of 16. A second offender would be sentenced to a mandatory minimum term of 25 years.

Establishes mandatory prison terms for sexual assault upon a minor.