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Sexual assault
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 resource family 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 the
actor uses physical force or coercion;
(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 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.
Sexual assault is a crime of the second
degree.
Amended 1979, c.178, s.26; 1983, c.249,
s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004, c.130,
s.13.
 Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
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