Elizabeth, NJ Aggravated Criminal Sexual Contact Attorney

Aggravated criminal sexual contact is a serious offense in New Jersey, carrying significant penalties that can impact an individual’s life for years to come. Understanding the law surrounding aggravated criminal sexual contact is crucial for both victims and potential defendants to ensure their rights are protected and justice is served. This comprehensive guide delves into the intricacies of aggravated criminal sexual contact in New Jersey, covering the law’s definition, elements, defenses, statute of limitations, and potential consequences.

If you are accused of aggravated criminal sexual contact, sexual assault, criminal sexual contact, aggravated sexual assault, lewdness, or luring in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the aggravated criminal sexual contact law in New Jersey, as well as some common defenses that may be available to you.

The Law of Aggravated Criminal Sexual Contact

Aggravated criminal sexual contact, N.J.S.A. 2C:14-3a, is defined under New Jersey Statute 2C:14-3 as an act of sexual contact committed under specific circumstances that aggravate the offense. Sexual contact refers to an intentional touching of an intimate part of the victim’s body, either directly or through clothing, with the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor.

It states that a person is guilty of aggravated criminal sexual contact if they commit an act of sexual contact with another person under any of the circumstances set forth in N.J.S.A. 2C:14-2a(2) through (7). Specifically, under N.J.S.A. 2C:12-2a (2) through (7) is defined as:

N.J.S.A. 2C:14-2a(2) defines the crime of sexual assault as the following:

• An actor commits sexual assault if he or she commits an act of sexual contact with a victim who is less than 13 years old but less than 16 years old.
  • (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 resource family parent, a guardian, or stands in loco parentis within the household;

N.J.S.A. 2C:14-2a(3) defines the crime of sexual assault as the following:

• An actor commits sexual assault if he or she commits an act during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, carjacking, kidnapping, homicide, aggravated assault on the victim or a person other than the victim, burglary, arson, or criminal escape.

N.J.S.A. 2C:14-2a(4) defines the crime of sexual assault as the following:

• An actor commits sexual assault if he or she 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.

N.J.S.A. 2C:14-2a(5) defines the crime of sexual assault as the following:

• An actor commits sexual assault if he or she commits aided or abetted by one or more other persons and the actor commits the act using coercion or without the victim’s affirmative and freely-given permission.

N.J.S.A. 2C:14-2a(6) defines the crime of sexual assault as the following:

• An actor commits sexual assault if he or she commits the act using coercion or without the victim’s affirmative and freely-given permission and severe personal injury is sustained by the victim.

N.J.S.A. 2C:14-2a(7) defines the crime of sexual assault as the following:

• An actor commits sexual assault if he or she commits an act and The victim, at the time of sexual penetration, is one whom the actor knew or should have known was: 
  • physically helpless or incapacitated ;
  • intellectually or mentally incapacitated ; or
  • had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the distinctively sexual nature of the conduct, including, but not limited to, being incapable of providing consent, or incapable of understanding or exercising the right to refuse to engage in the conduct.

Elements the Prosecutor Must Prove

To secure a conviction for aggravated criminal sexual contact, the prosecution must prove beyond a reasonable doubt that the following elements were present:

1. Act of Sexual Contact: The defendant intentionally touched an intimate part of the victim’s body. Sexual contact is defined as an intentional touching, either directly or through clothing, of the intimate parts of either the actor or the victim for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor.
2. Purpose: The touching was done with the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. The actor committed the act of sexual contact without the victim’s consent. Consent is defined as the voluntary agreement of the victim to participate in the sexual conduct.
3. Circumstances of Aggravation: The act of sexual contact occurred under one of the circumstances outlined in N.J.S.A. 2C:14-2a(2) through (7). These circumstances include situations where the victim is over 13 years old but under 16 years of age.

Possible Defenses for aggravated sexual contact in New Jersey

Defenses against aggravated criminal sexual contact can vary depending on the specific circumstances of the case. Common defenses include:

1. Consent: The victim freely and affirmatively consented to the sexual contact. Given the specific charge, the defense may argue that the victim voluntarily consented to the sexual contact, negating the element of lack of consent.
2. Lack of Intent: The defendant did not intend to touch an intimate part of the victim’s body or did not intend for the touching to have sexual implications. The defense may argue that the actor did not intentionally touch the victim’s intimate parts or did not intend to degrade or humiliate the victim or sexually arouse themselves.
3. False accusation: The defense may contend that the victim fabricated the allegations of sexual contact.
4. Alibi: The defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place.
5. Misidentification: Defendants can claim that the victim has misidentified them as the perpetrator.
6. Mental Incapacity: Other defendants might admit that they committed the criminal acts but argue that they were not responsible for their behavior because of mental incapacity.

Statute of Limitations

The statute of limitations for aggravated criminal sexual contact in New Jersey is five years from the date of the offense. However, if the victim was under 18 years old at the time of the offense, the statute of limitations extends to five years from the victim’s 18th birthday or two years after becoming aware of the offense, whichever is later.

Fines and Penalties for aggravated sexual contact in New Jersey

Aggravated criminal sexual contact is a third-degree crime in New Jersey, punishable by a prison sentence of three to five years and a fine of up to $15,000. Convicted individuals may also face additional penalties, including mandatory sex offender registration under Megan’s Law and lifetime parole supervision. These fines and penalties are broken down below:

• Imprisonment: A prison sentence of three to five years.
• Fines: A maximum fine of $15,000;
  • A maximum fine of $800 that goes to the Nurse Examiner Program Fund Penalty;
  • A maximum fine of $100 that goes to the Prevention of Violence Against Women; 
  • And a $750 Sex Offender Assessment.
• Megan’s Law Registration: Registration as a sex offender under Megan’s Law, requiring notification of the community about the offender’s presence.
• Parole Supervision for Life: Mandatory parole supervision for life, with potential restrictions on travel, employment, and residency.
• A second or subsequent conviction of a sex crime imposes more severe penalties that include a mandatory term of imprisonment of 5 years. These five years the defendant will not be eligible for parole, which means he or she will have to serve the full five years in prison. 

Megan’s Law

Megan’s Law requires certain sex offenders to register their personal information with the New Jersey State Police and provide regular updates of their whereabouts. Registration requirements vary depending on the offender’s risk level and the severity of the offense.

In New Jersey, sex offenders are classified into three tiers based on the severity of their offense and their risk of re-offending. The tiers are:

• Tier 1: Sex offenders who are considered to have the lowest risk of re-offending. They are required to register with the New Jersey Sex Offender Internet Registry (SOR) for 15 years.
• Tier 2: Sex offenders who are considered to have a moderate risk of re-offending. They are required to register with the SOR for life and are subject to community notification.
• Tier 3: Sex offenders who are considered to have the highest risk of re-offending. They are required to register with the SOR for life and are subject to the most stringent community notification requirements.

Community notification is the process of informing the public about the presence of a sex offender in their community. The type of information that is released to the public depends on the offender’s tier classification. For Tier 2 offenders, the public is notified by means of a press release and a flyer that is distributed to households within a certain radius of the offender’s residence. For Tier 3 offenders, the public is notified by means of a press release, a flyer, and a community meeting.

The purpose of community notification is to make the public aware of the presence of sex offenders in their communities so that they can take steps to protect themselves and their families. Community notification is not intended to punish or harass sex offenders.

Here is a table that summarizes the different tiers of Megan’s Law in New Jersey:

Parole Supervision for Life

Individuals convicted of aggravated criminal sexual contact may be subject to parole supervision for life. This means they will be closely monitored by parole officers and must adhere to strict conditions, such as regular check-ins, therapy, and restrictions on their proximity to schools or areas where children are present.

Am I eligible for PTI if charged with aggravated criminal sexual contact?

Whether or not you can get into PTI with criminal sexual contact will depend on the specific circumstances of your case. In general, PTI is a diversionary program that is designed for first-time offenders who are not considered to be a threat to public safety. PTI can be a good option for offenders because it allows them to avoid a criminal conviction and a jail sentence. However, PTI is not always available to offenders who have been charged with criminal sexual contact.

In New Jersey, criminal sexual contact is a fourth-degree crime. This means that it is a serious offense, and it is not always possible to get into PTI if you have been charged with this crime. However, there are some exceptions. For example, if you are a first-time offender and you have no prior criminal history, you may be eligible for PTI. Additionally, if you are willing to participate in counseling or other treatment, you may be more likely to be admitted into PTI.

If you have been charged with criminal sexual contact, you should speak with an attorney to discuss your options. An attorney can help you understand the PTI program and whether or not you are eligible to apply. An attorney can also represent you in court and help you negotiate a plea deal with the prosecutor.

Here are some additional factors that the court will consider when deciding whether or not to admit you into PTI:

• The severity of the offense
• Your criminal history
• Your age
• Your mental health
• Your risk of re-offending
• The impact of the offense on the victim

If you are admitted into PTI, you will be required to comply with a number of conditions, such as:

• Reporting to a probation officer
• Participating in counseling or other treatment
• Paying restitution to the victim
• Avoiding contact with the victim
• Staying out of trouble

If you violate the conditions of your PTI, you could be kicked out of the program and could be forced to face the original criminal charges against you.

Frequently Asked Questions (FAQs)

• Question: What acts constitute aggravated criminal sexual contact in New Jersey?
  • Answer: In New Jersey, touching a person’s intimate parts, including the breast or buttocks, can lead to charges of criminal sexual contact if done with the intent to degrade, humiliate, or sexually arouse or gratify the actor. However, whether such an act constitutes aggravated criminal sexual contact depends on the specific circumstances outlined in the statutes, such as the age of the victim, the relationship between the actor and the victim, and whether the act occurred during the commission of another crime. These circumstances include:
    • The victim is less than 13 years old.
    • The victim is at least 13 but less than 16 years old and the actor is related to the victim by blood or affinity to the third degree, or the actor has supervisory or disciplinary power over the victim.
    • The act is committed during the commission, or attempted commission, of other crimes such as robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape.
    • The actor is armed with a weapon or any object fashioned to lead the victim to reasonably believe it to be a weapon and threatens to use it.

     

• Question: Is there a statute of limitations for the new jersey charge of aggravated criminal sexual contact?
  • Answer: In New Jersey, the statute of limitations for aggravated criminal sexual contact is generally five years. However, if the victim is under 18 years of age, the prosecution must commence within five years of the victim turning 18 or within two years of the discovery of the offense by the victim, whichever is later.

• Question: If I plead guilty to the New Jersey charge of aggravated criminal sexual contact, will I go to jail?
  • Answer: Pleading guilty to the charge of aggravated criminal sexual contact in New Jersey, which is a third-degree offense, can result in imprisonment. The penalties for a third-degree crime can include up to five years of imprisonment and fines up to $15,000. Additionally, a guilty plea or conviction for a sexual offense in New Jersey can lead to Megan’s Law registration requirements and community supervision for life.

• Question: What if the only piece of evidence is the victim’s word, is that enough to convict me of aggravated sexual assault?
  • Answer: Yes, in New Jersey, as in other jurisdictions, a conviction can be based on the testimony of a victim alone if the jury or judge finds the testimony to be credible and convincing beyond a reasonable doubt. However, the specifics of each case can greatly influence the outcome, and additional evidence often strengthens the prosecution’s case.

Premier New Jersey Aggravated Criminal Sexual Contact Lawyer

If you have been charged with aggravated criminal sexual contact, sexual assault, criminal sexual contact, aggravated sexual assault, luring, or endangering the welfare of a child in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for aggravated sexual assault, and we will fight aggressively to protect your rights and interests. Attorney Brett M. Rosen has received positive reviews from clients for his legal representation in New Jersey. Clients have highlighted his professionalism, communication skills, and effectiveness in court. They’ve mentioned his ability to handle critical cases, his thorough understanding of legal options, and his dedication to their cases.

Contact us today for a free consultation.