An Act concerning sexual assault and amending N.J.S.2C:14-2.

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

(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. Notwithstanding the provisions of any other law, a person convicted of aggravated sexual assault under the provisions of paragraph (1) of this subsection or under the provisions of subparagraph (b) of paragraph (2) of this subsection shall be sentenced to a minimum term of imprisonment of 10 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 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

(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. Notwithstanding the provisions of any other law, a person convicted of sexual assault under the provisions of subparagraph (b) of paragraph (3) of this subsection shall be sentenced to a minimum term of imprisonment of 10 years during which the person shall not be eligible for parole.

(cf: P.L.2004, c.130, s.13.)

2. This act shall take effect immediately.

STATEMENT

This bill imposes mandatory minimum terms of imprisonment on persons who take advantage of their supervisory positions by committing sexual assault against the young victims they are supervising. The bill also imposes mandatory minimum terms on all persons who commit aggravate sexual assault against victims under the age of 13.

Under the bill, a mandatory minimum term of 10 years without parole eligibility would be imposed on persons convicted of aggravated sexual assault under the provisions of N.J.S.A.2C:14-2a.(2)(b). Currently, this statute provides that a person commits the first degree crime of aggravated sexual assault if he commits an act of sexual penetration upon a victim who is at least 13 but less than 16 years old and the defendant has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status.

The bill also imposes a mandatory minimum term of 10 years without parole eligibility on persons convicted of sexual assault under the provisions of N.J.S.A.2C:14-2c.(3)(b). This statute provides that a person commits the second degree crime of sexual assault if he commits an act of sexual penetration upon a victim who is at least 16 but less than 18 years old and the defendant has supervisory or disciplinary power of any nature or in any capacity over the victim.

Finally, the bill imposes a mandatory minimum term of 10 years without parole eligibility on persons convicted of aggravated sexual assault under the provisions of N.J.S.A.2C:14-2a.(1). This statute provides that a person commits the first degree crime of aggravated sexual assault if he commits an act of sexual penetration upon a victim less than 13 years old.

Generally, a crime of the first degree is punishable by a term of imprisonment of ten to 20 years or a fine of up to $200,000, or both; a crime of the second degree, by a term of five to ten years or a fine up to $150,000, or both.