ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 2725

 

STATE OF NEW JERSEY

 

 

ADOPTED JUNE 12, 1997

 

 

Sponsored by Assemblymen DiGAETANO, CORODEMUS, Assemblywomen Heck and Crecco

 

An Act concerning certain dangerous substances and certain sexual assaults and amending and supplementing various sections of the statutory law.

 

      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] 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;

      (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.

      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)](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;

      [(4)](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 over the victim; or

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

 [(5)](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.1989, c.228 ,s.3)

 

      2. N.J.S.2C:14-3 is amended to read as follows:

      a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a. (2) through [(6)](7).

      Aggravated criminal sexual contact is a crime of the third degree.

      b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through [(5)](4).

      Criminal sexual contact is a crime of the fourth degree.

(cf: P.L.1979, c.178, s.27)

 

      3. (New section) a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be a crime of the second degree for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense gamma hydroxybutyrate.

      b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon a person who violates this section.

 

      4. (New section) a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, gamma hydroxybutyrate unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).

      b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon a person who violates this section.

 

      5. (New section) a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it is unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense flunitrazepam.

      b. A person who violates subsection a. of this section with respect to flunitrazepam in a quantity of one gram or more is guilty of a crime of the first degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $250,000.00 may be imposed upon the person.

      c. A person who violates subsection a. of this section with respect to flunitrazepam in a quantity of less than one gram is guilty of a crime of the second degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon the person.

 

      6. (New section) a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, flunitrazepam, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).

      b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon a person who violates this section.

 

      7. (New section) a. The Department of Law and Public Safety shall establish and maintain a suitable training program for law enforcement officers regarding the use of narcotics, anesthetics, intoxicants, and other substances which could be used to facilitate sexual assault.

      b. The Department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations necessary to implement this act.

 

      8. This act shall take effect immediately.

 

 

______________________________

 

Increases penalties for sexual assault committed with the use of certain substances; criminalizes sale and possession of "rape drugs."