SENATE, No. 1969

STATE OF NEW JERSEY

INTRODUCED MARCH 24, 1997

By Senator LIPMAN

An Act concerning certain sexual assaults and amending N.J.S.2C:14-2 and 2C:14-3.

    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[,] or mentally defective [or mentally incapacitated], or

    (c) The victim is one whom the actor knew or should have known was mentally incapacitated due to the influence of a narcotic, anesthetic, intoxicant or other substance administered to the victim without the victim's prior knowledge or consent;

    (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, however, notwithstanding the provisions of N.J.S.2C:43-6 or any other law to the contrary, a person convicted of aggravated sexual assault upon a victim who was mentally incapacitated pursuant to subparagraph (c) of paragraph (5) of this subsection shall be sentenced by the court to a term of imprisonment which 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[,] or 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; or

    (6) The victim is one whom the actor knew or should have known was mentally incapacitated due to the influence of a narcotic, anesthetic, intoxicant or other substance administered to the victim without the victim's prior knowledge or consent.

    Sexual assault is a crime of the second degree unless it is committed upon a victim who was mentally incapacitated pursuant to the provisions of paragraph (6) of this subsection, in which case it is a crime of the first degree. Notwithstanding the provisions of N.J.S.2C:43-6 or any other law to the contrary, a person convicted of sexual assault upon a victim who was mentally incapacitated shall be sentenced by the court to a term of imprisonment which shall include a mandatory minimum term of 10 years, during which the person shall not be eligible for parole.

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

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

    2C:14-3. Criminal Sexual Contact.

    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).

    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)] (6).

    Criminal sexual contact is a crime of the fourth degree.

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

    3. This act shall take effect immediately.

STATEMENT

    This bill imposes mandatory prison terms on persons convicted of sexual assault on victims rendered helpless by the unknowing ingestion of a narcotic, anesthetic, intoxicant or other substance.

     According to recent reports, the use of so-called "date rape" drugs to facilitate sexual assault is a growing problem. Because these drugs are tasteless and odorless, attackers have slipped them into victims' drinks so that the victims are made unconscious or otherwise helpless prior to the sexual assault.

    Under a Federal law enacted on October 13, 1996 ("The Drug-Induced Rape Prevention and Punishment Act of 1996," P.L.104-305), administering a controlled substance to facilitate sexual assault (or any other violent crime) is punishable by a term of imprisonment of up to 20 years.

    Like the Federal law, this bill increases the penalties for committing sexual assault with the use of incapacitating substances. Under the bill, a person who commits aggravated sexual assault against a victim who is incapacitated due to a narcotic, anesthetic, intoxicant or other substance administered without the victim's consent would be sentenced to a term of imprisonment which would include a mandatory minimum term of at least 15 years, during which the person would not be eligible for parole.

    The bill also provides that the crime of sexual assault (normally a crime of the second degree), if committed under these circumstances would be re-classified as aggravated sexual assault (a crime of the first degree), with a mandatory term of imprisonment of at least 10 years.

    A crime of the second degree is punishable by a term of imprisonment of up to five to ten years or a fine of up to $100,000, or both; a crime of the first degree, by a term of up to ten to 20 years or a fine of up to $100,000, or both.

Imposes mandatory prison terms on persons convicted of sexual assault on victims rendered helpless by "rape drugs."