Aggravated Sexual Assault
New Jersey Statutes Annotated 2C:14-2: Sexual Assault
An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person and:
- 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 by virtue of the actor's legal, professional, or occupational status; or
- The actor is a foster parent, a guardian, or stands in loco parentis within the household;
- The act is committed during the commission, or attempted commission of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
- 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;
- The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
- The actor uses physical force or coercion and severe personal injury is sustained by the victim;
- 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 and is punishable by:
- Imprisonment for ten to twenty years;
- A fine of up to $200,000; or
- Both; or
- Imprisonment for a term of five years with no chance of parole; or
- Imprisonment for a term of thirty years to life.
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