Aggravated Criminal Sexual Contact

Under New Jersey law there are two "grades" of criminal sexual contact, Aggravated Criminal Sexual Contact and Criminal Sexual Contact. Before embarking on any discussion of these crimes "sexual contact" must be defined.

What is Sexual Contact?

In New Jersey, sexual contact means an intentional touching by the victim or the actor, either directly or through clothing, of the victim's or the actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present.

Aggravated Criminal Sexual Contact

An individual is guilty of Aggravated Criminal Sexual contact if he commits an act of sexual contact with the victim where:

1. The victim is at least 13 but less than 16 years old and certain other conditions exist such as a blood relative or supervisory power over the victim;
2. 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;
3. 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;
4. The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
5. The actor uses physical force or coercion and severe personal injury is sustained by the victim;
6. The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.

Aggravated criminal sexual contact is a crime of the third degree.

Aggravated Criminal Sexual Contact Lawyer in Bergen County

Sexual offenses in New Jersey are extremely serious and the law is often complex. The above is merely a brief and simplified overview of the aggravated criminal sexual contact statute under New Jersey law. This outline of aggravated criminal sexual contact should not be used as a guideline for sexual offenses under New Jersey law nor should it be considered an exhaustive analysis of aggravated criminal sexual contact under New Jersey law. If you have been charged with a sex crime in New Jersey or you are being investigated for a sex crime and you need a strong criminal defense, Brickfield & Donahue can help.

Call us at (201) 574-7919

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