2C:14-2 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 or incapacitated, intellectually or 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 sexual assault is a crime of the first degree.
Except as otherwise provided in subsection d. of this section, a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.
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 or incapacitated, intellectually or 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 sexual assault is a crime of the first degree.
Except as otherwise provided in subsection d. of this section, a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.
