ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 2084

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: JUNE 12, 1997

 

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 2084.

      Presently, N.J.S.2C:34-5 provides that it is a petty disorderly persons offense if a person commits an act of sexual penetration knowing that he or she is infected with a venereal disease. A petty disorderly persons offense is punishable by up to thirty days imprisonment, a fine up to $500.00, or both. This bill would increase the penalty for this offense to a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $7,500.00, or both. The bill also provides that the act of sexual penetration is committed without the informed consent of the other person.

      The committee adopted amendments that would classify an act of sexual penetration by a person who knows he is infected by AIDS without the informed consent of the other person as a crime of the third degree. Crimes of the third degree are punishable by between 3 and 5 years imprisonment, a fine of up to $7,500.00 or both.

      In response to a point raised that the bill possibly applied only to men, the committee discussed that "sexual penetration" is defined in N.J.S. 2C:14-1 and is applicable to both males and females.

      As amended, this bill is identical to Senate Bill No. 1297 (1R).