Elizabeth, NJ Criminal Sexual Contact Attorney

The New Jersey law of criminal sexual contact is a criminal law that prohibits a person from engaging in sexual contact with another person without their consent or under certain circumstances that make the act unlawful. Sexual contact means an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. Intimate parts include the sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

Criminal sexual contact is a crime of the fourth degree in New Jersey, which means that it is punishable by up to 18 months in prison and a fine of up to $10,000. However, there are some situations that can elevate the offense to aggravated criminal sexual contact, which is a crime of the third degree, punishable by 3 to 5 years in prison and a fine of up to $15,000.

If you are accused of criminal sexual contact, aggravated sexual assault, aggravated criminal sexual contact, lewdness, or endangering the welfare of a child 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” (Mr. A) and “one of NJ’s finest attorneys” (Earl K.).
3. Trial Skills: Rosen has demonstrated his 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 by Thomson Reuters Super Lawyers Rising Stars for six consecutive years*.

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

Definition of Criminal Sexual Contact in New Jersey

The law of criminal sexual contact, N.J.S.A. 2C:14-3, is when the following scenarios or facts take place:

(1) The actor commits the act using coercion or without the victim’s affirmative and freely-given permission, but the victim does not sustain severe personal injury;

(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;

(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 of any nature or in any capacity over the victim; or

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

(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;

(5) The victim is a pupil at least 18 but less than 22 years old and has not received a high school diploma and the actor is a teaching staff member or substitute teacher, school bus driver, other school employee, contracted service provider, or volunteer and the actor has supervisory or disciplinary power of any nature or in any capacity over the victim. As used in this paragraph, “teaching staff member” has the meaning set forth in N.J.S.18A:1-1.

Elements of criminal sexual contact in New Jersey

To prove criminal sexual contact, 2C:14-3, the prosecution must establish the following elements:

1. The actor intentionally touched the intimate parts of the victim. This means that the actor must have had the purpose of touching the victim’s intimate parts. Mere accidental or unintentional touching is not enough to establish criminal sexual contact.
2. The touching was sexual in nature. This means that the touching was for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. Touching that is not sexual in nature, such as touching someone’s arm or hand, does not constitute criminal sexual contact.
3. The victim did not consent to the touching. Consent means that the victim clearly and unequivocally agreed to the touching. If the victim did not consent to the touching, then the actor’s actions may constitute criminal sexual contact.

Penalties for criminal sexual contact in New Jersey 

In New Jersey, criminal sexual contact is a fourth-degree crime punishable by up to 18 months in prison and a fine of up to $10,000. In addition to incarceration and fines, those convicted of criminal sexual contact may also be required to register as a sex offender under Megan’s Law.

Here is a more detailed breakdown of the penalties for criminal sexual contact in New Jersey:

• Fourth-degree crime: Up to 18 months in prison and a fine of up to $10,000.
• Megan’s Law registration: Lifetime registration as a sex offender, which requires regular notification to the community of the offender’s presence.
• Parole supervision for life (PSL): Lifetime parole supervision, which means that the offender will be subject to regular monitoring and restrictions after their release from prison.

Megan’s Law

Megan’s Law is a New Jersey law that requires certain sex offenders to register with the state and provide their personal information to law enforcement agencies. The law is named after Megan Kanka, a 7-year-old girl who was murdered by a sex offender who lived near her home.

There are three tiers of Megan’s Law registration in New Jersey:

• Tier 1: Offenders who are considered to be at a low risk of re-offending.
• Tier 2: Offenders who are considered to be at a moderate risk of re-offending.
• Tier 3: Offenders who are considered to be at a high risk of re-offending.

Offenders who are classified as Tier 2 or Tier 3 are subject to additional registration requirements, such as community notification and lifetime registration.

Parole Supervision

Parole supervision is a form of supervision that is imposed on offenders who have been released from prison. Parole officers are responsible for monitoring offenders’ compliance with their parole conditions, which may include restrictions on their travel, employment, and contact with minors.

In New Jersey, offenders who are convicted of certain sex offenses are subject to parole supervision for life (PSL). PSL means that the offender will be on parole for the rest of their life and will be subject to strict supervision and restrictions.

The specific penalties for criminal sexual contact will vary depending on the circumstances of the case, such as the age of the victim, the severity of the offense, and the offender’s criminal history.

Defenses for Criminal Sexual Contact in New Jersey

A person who is charged with criminal sexual contact in New Jersey may have several defenses available, depending on the facts and circumstances of the case. Some of the common defenses are:

• Consent. A person may not be guilty of criminal sexual contact or aggravated criminal sexual contact if the other person consented to the act of sexual contact. Consent means a voluntary, affirmative, and freely-given agreement to engage in a specific sexual act with a specific person. Consent can be expressed verbally or non-verbally, but it can also be withdrawn at any time. Consent cannot be given by a person who is under the legal age of consent, which is 16 years old in New Jersey, or by a person who is incapacitated by drugs, alcohol, or other factors. Consent cannot be obtained by fraud, deception, coercion, or force.
• Mistake of fact. A person may not be guilty of criminal sexual contact or aggravated criminal sexual contact if the person reasonably believed that the other person consented to the act of sexual contact, or that the other person was of the legal age of consent, or that the person was not related to the other person by blood or affinity, or that the person did not have supervisory or disciplinary power over the other person. However, this defense may not apply if the person was reckless, negligent, or willfully ignorant of the facts.
• Alibi. A person may not be guilty of criminal sexual contact or aggravated criminal sexual contact if the person can prove that he or she was not present at the time and place of the alleged offense, and that he or she had no involvement in the offense. This defense requires credible evidence, such as witnesses, documents, or records, that can establish the person’s whereabouts and activities at the relevant time.
• Insanity. A person may not be guilty of criminal sexual contact if the person can prove that he or she was legally insane at the time of the offense, and that he or she did not know the nature and quality of the act, or that he or she did not know that the act was wrong. This defense requires expert testimony, such as from a psychiatrist or a psychologist, that can demonstrate the person’s mental condition and its effect on the person’s ability to understand and appreciate the consequences of his or her actions.

Statute of Limitations for criminal sexual contact

The statute of limitations for criminal sexual contact in New Jersey is five years. This means that a victim of criminal sexual contact has five years from the date of the offense to file a criminal complaint against the offender. However, there are two important exceptions to this general rule:

• If the victim was under the age of 18 at the time of the offense, the statute of limitations does not begin to run until the victim turns 18. This means that a victim of child sexual abuse has until they are 23 years old to file a criminal complaint against their abuser.
• If the offender has fled to avoid prosecution, the statute of limitations is tolled. This means that the statute of limitations will stop running until the offender is apprehended or returns to New Jersey.

In addition to the criminal statute of limitations, there is also a civil statute of limitations for sexual assault in New Jersey. The civil statute of limitations is seven years. This means that a victim of sexual assault has seven years from the date of the offense to file a civil lawsuit against the offender.

Am I eligible for PTI if charged with 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.

Cases and examples of Criminal Sexual Contact in New Jersey

The following are some cases and examples of criminal sexual contact and aggravated criminal sexual contact in New Jersey that illustrate the application of the law and the defenses:

• In State v. Lee, the defendant was charged with fourth degree criminal sexual contact and disorderly persons offense of lewdness. The trial court did not convict the defendant of criminal sexual contact, and the appellate division agreed based on “where a defendant’s sexual contact is with his own intimate parts in view of an adult victim, conviction on a charge of criminal sexual contact under N.J.S.A. 2C:14-3b and 2C:14-2c(1) requires proof of physical force or coercion beyond defendant’s act of touching himself. Without such evidence, defendant’s conduct does not prove all the essential elements of fourth-degree criminal sexual contact.”
• In State v. Farkas, is an appellate case from New Jersey. In 1996, John Farkas pleaded guilty to fourth-degree criminal sexual contact with a seventeen-year-old victim and third-degree criminal restraint. The original judgment of conviction showed the court imposed a sentence of 364 days in the county jail as a condition of probation. In 2006, the court amended the judgment of conviction to order Farkas’s compliance with Megan’s Law, which is a mandatory sentence for a conviction for criminal sexual contact with a minor. Farkas appealed from orders entered in 2020 denying his motion to correct what he claimed is an illegal sentence — the requirement he comply with Megan’s Law — and denying his motion to withdraw his 1996 guilty plea. The court affirmed the order denying Farkas’s motion to correct an illegal sentence, vacated the order denying Farkas’s motion to withdraw his guilty plea, and remanded for a hearing of Farkas’s plea withdrawal motion and, if necessary, entry of a revised judgment of conviction accurately reflecting the offenses for which he was convicted and the sentence imposed.

Frequently Asked Questions (FAQs)

• Question: What specific acts fall under the New Jersey charge of criminal sexual contact?
  • Answer:  In New Jersey, criminal sexual contact is defined under the statute N.J.S.A 2C:14-3. It occurs when an individual intentionally touches, either directly or through clothing, the intimate parts of either themselves or the victim for the purpose of degrading or humiliating the victim or sexually arousing or gratifying themselves. Intimate parts include the genital area, inner thigh, buttocks, and breasts. 

• Question: What if I ran up to a stranger and slapped them on the butt as a prank, does that constitute criminal sexual contact?
  • Answer: Yes, in New Jersey, slapping a stranger on the buttocks could indeed be considered criminal sexual contact. This is because the law defines criminal sexual contact as the intentional touching, either directly or through clothing, of the intimate parts of the victim for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. The buttocks are considered an intimate part, and such an act, even if intended as a prank, could be seen as degrading or humiliating.

• Question: Is there a statute of limitations for the New Jersey charge of criminal sexual contact?
  • Answer:  Yes, in New Jersey, the statute of limitations for criminal sexual contact and aggravated criminal sexual contact is five years. This means that legal proceedings must be initiated within five years from the date of the alleged offense.

• Question: It’s only the victim’s word against mine, is that enough to find me guilty of criminal sexual contact?
  • Answer: Yes, a victim’s testimony can be a powerful piece of evidence, and in some cases, it may be sufficient for a conviction if the jury or judge finds the testimony to be credible and convincing. However, the specific circumstances of each case can vary greatly, and other evidence such as witness testimony, physical evidence, or circumstantial evidence can also play a critical role in the outcome.

Additional FAQs

• What are “intimate parts” under the law?
  • New Jersey law defines “intimate parts” as the sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person.

• What is the difference between Aggravated Criminal Sexual Contact and Criminal Sexual Contact?

  • Criminal Sexual Contact (2C:14-3b): This is a fourth-degree crime.
  • Aggravated Criminal Sexual Contact (2C:14-3a): This is a third-degree crime and involves additional aggravating factors, such as:
    
    • The victim is physically helpless, mentally incapacitated, or coerced.
    • The actor is related to the victim by blood or affinity to the third degree (e.g., parent, sibling, grandparent, aunt/uncle).
    • The actor has supervisory or disciplinary power over the victim (e.g., teacher, coach, religious leader).
    • The actor is a foster parent, guardian, or stands in loco parentis (in the place of a parent) to the victim.
    • The actor uses physical force or coercion.
    • The victim is on probation, parole, or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim.
    • The victim is at least 13 but less than 16 years old, and the actor is at least 4 years older than the victim.

• Can I get a criminal sexual contact charge expunged?

  • In some cases, yes. Expungement eligibility depends on various factors, including the degree of the offense, your prior criminal record, and the time elapsed since the conviction.

New Jersey Criminal Sexual Contact Lawyer

If you have been charged with criminal sexual contact, aggravated sexual assault, aggravated criminal sexual contact, lewdness, 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.

Brett M. Rosen, Esq., has experience and is dedicated to helping his clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for criminal sexual contact, and we will fight aggressively to protect your rights and interests.

Why Choose Brett M. Rosen for Your Criminal Sexual Contact Charge Defense in New Jersey?

When facing a criminal sexual contact charge in New Jersey, the attorney you choose can significantly impact the outcome of your case. Brett M. Rosen is a highly recommended criminal defense attorney whose expertise and dedication to his clients set him apart. Here are compelling reasons to consider hiring Brett M. Rosen:

1. Client-Centric Approach: Clients describe Brett M. Rosen as an advocate who is there in crucial situations, and will go above and beyond to help you or your loved one.

2. Strategic and Assertive Representation: Known for his thorough and methodical approach, Brett M. Rosen’s aggressive questioning and effective trial strategies have been praised by clients and peers alike.

3. Passion for Justice: Brett M. Rosen is not just a lawyer; he is a passionate advocate for criminal defendants and believes in standing up for the little guy.

4. Comprehensive Legal Knowledge: With expertise spanning across various facets of criminal law, Brett M. Rosen is equipped to handle the intricacies of criminal sexual contact charges.

5. Personalized Legal Strategy: Every case is unique, and Brett M. Rosen tailors his legal strategy to the specifics of each client’s situation, ensuring the best possible defense.

Choosing the right defense attorney is crucial, and Brett M. Rosen’s combination of experience, skill, and dedication makes him an excellent choice for those seeking representation in New Jersey for criminal sexual contact charges.

Contact us today for a free consultation at 908-312-0368.

ATTORNEY ADVERTISING

This website is designed for general information only and constitutes attorney advertising. The information presented on this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship.   

• No Guarantees: Prior results described on this website do not guarantee a similar outcome in any future case or legal matter. Every case is unique and must be evaluated on its own merits and specific facts and circumstances.
• Third-Party Content: This website may contain links to third-party websites or resources. These links are provided for convenience only and do not constitute an endorsement of the linked content. Brett M. Rosen is not responsible for the accuracy or content of any third-party website.   
• Testimonials: Any testimonials or endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   
• No Legal Advice Intended: The content on this website is intended for informational purposes only and does not constitute legal advice. You should not act or refrain from acting on the basis of any content included on this website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in your state.   
• Confidentiality: Contacting Brett M. Rosen or his law firm through this website or by email does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established through a written engagement agreement.   
• Principal Office: The principal office of Brett M. Rosen is located at 180 Kings Highway, Middletown, New Jersey 07748.
• Responsible Attorney: The attorney responsible for this website is Brett M. Rosen, Esq., licensed to practice law in the State of New Jersey.
• Compliance: Brett M. Rosen endeavors to comply with all applicable New Jersey Rules of Professional Conduct, including those related to attorney advertising.
• *Disclosure: No aspect of Super Lawyers Rising Stars advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.