New jersey criminal charge
Sexual assault in New jersey
Current through 2026 New Jersey legislative session
Sexual assault is a criminal offense under New jersey law, defined by N.J.S.A. 2C:14-2. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:14-2.
What is the penalty for sexual assault in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 10 years to 20 years (Aggravated sexual assault — Applies when the actor commits an act of sexual penetration under any of the enumerated aggravating circumstances listed in subsection a. (e.g., victim under 13; victim 13-15 with familial/supervisory relationship; during commission of robbery, kidnapping, etc.; armed with a weapon; aided/abetted with coercion; coercion causing severe personal injury; victim physically or mentally incapacitated).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Aggravated sexual assault — Applies when the actor commits an act of sexual penetration under any of the enumerated aggravating circumstances listed in subsection a. (e.g., victim under 13; victim 13-15 with familial/supervisory relationship; during commission of robbery, kidnapping, etc.; armed with a weapon; aided/abetted with coercion; coercion causing severe personal injury; victim physically or mentally incapacitated).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sexual assault (subsection b - victim under 13, sexual contact) — Applies when the actor commits an act of sexual contact with a victim less than 13 years old and the actor is at least four years older than the victim (subsection b).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual assault (subsection b - victim under 13, sexual contact) — Applies when the actor commits an act of sexual contact with a victim less than 13 years old and the actor is at least four years older than the victim (subsection b).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sexual assault (subsection c - coercive penetration without severe injury) — Applies when the actor commits an act of sexual penetration using coercion or without the victim's affirmative and freely-given permission, but the victim does not sustain severe personal injury (subsection c(1)).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual assault (subsection c - coercive penetration without severe injury) — Applies when the actor commits an act of sexual penetration using coercion or without the victim's affirmative and freely-given permission, but the victim does not sustain severe personal injury (subsection c(1)).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sexual assault (subsection c - victim on probation/parole/institutionalized) — Applies when the victim is on probation or parole, or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim (subsection c(2)).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual assault (subsection c - victim on probation/parole/institutionalized) — Applies when the victim is on probation or parole, or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim (subsection c(2)).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sexual assault (subsection c - victim 16-17 with relational/supervisory power) — Applies when the victim is at least 16 but less than 18 years old and the actor is related by blood or affinity, has supervisory or disciplinary power, or stands in loco parentis (subsection c(3)).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual assault (subsection c - victim 16-17 with relational/supervisory power) — Applies when the victim is at least 16 but less than 18 years old and the actor is related by blood or affinity, has supervisory or disciplinary power, or stands in loco parentis (subsection c(3)).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sexual assault (subsection c - victim 13-15, actor 4+ years older) — Applies when the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim (subsection c(4)).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual assault (subsection c - victim 13-15, actor 4+ years older) — Applies when the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim (subsection c(4)).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sexual assault (subsection c - pupil 18-21 without diploma, school employee) — Applies when the victim is a pupil at least 18 but less than 22 years old without a high school diploma and the actor is a school employee or similar with supervisory or disciplinary power over the victim (subsection c(5)).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual assault (subsection c - pupil 18-21 without diploma, school employee) — Applies when the victim is a pupil at least 18 but less than 22 years old without a high school diploma and the actor is a school employee or similar with supervisory or disciplinary power over the victim (subsection c(5)).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is sexual assault classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated sexual assault | crime of the first degree | Applies when the actor commits an act of sexual penetration under any of the enumerated aggravating circumstances listed in subsection a. (e.g., victim under 13; victim 13-15 with familial/supervisory relationship; during commission of robbery, kidnapping, etc.; armed with a weapon; aided/abetted with coercion; coercion causing severe personal injury; victim physically or mentally incapacitated). | N.J.S.A. 2C:14-2undefined |
| Sexual assault (subsection b - victim under 13, sexual contact) | crime of the second degree | Applies when the actor commits an act of sexual contact with a victim less than 13 years old and the actor is at least four years older than the victim (subsection b). | N.J.S.A. 2C:14-2undefined |
| Sexual assault (subsection c - coercive penetration without severe injury) | crime of the second degree | Applies when the actor commits an act of sexual penetration using coercion or without the victim's affirmative and freely-given permission, but the victim does not sustain severe personal injury (subsection c(1)). | N.J.S.A. 2C:14-2undefined |
| Sexual assault (subsection c - victim on probation/parole/institutionalized) | crime of the second degree | Applies when the victim is on probation or parole, or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim (subsection c(2)). | N.J.S.A. 2C:14-2undefined |
| Sexual assault (subsection c - victim 16-17 with relational/supervisory power) | crime of the second degree | Applies when the victim is at least 16 but less than 18 years old and the actor is related by blood or affinity, has supervisory or disciplinary power, or stands in loco parentis (subsection c(3)). | N.J.S.A. 2C:14-2undefined |
| Sexual assault (subsection c - victim 13-15, actor 4+ years older) | crime of the second degree | Applies when the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim (subsection c(4)). | N.J.S.A. 2C:14-2undefined |
| Sexual assault (subsection c - pupil 18-21 without diploma, school employee) | crime of the second degree | Applies when the victim is a pupil at least 18 but less than 22 years old without a high school diploma and the actor is a school employee or similar with supervisory or disciplinary power over the victim (subsection c(5)). | N.J.S.A. 2C:14-2undefined |
Common questions about sexual assault in New jersey
What degree of offense is sexual assault in New Jersey?
It depends on the circumstances: sexual assault ranges from a crime of the second degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:14-2.
Aggravated sexual assault: crime of the first degree (N.J.S.A. 2C:14-2) · Sexual assault (subsection b - victim under 13, sexual contact): crime of the second degree (N.J.S.A. 2C:14-2) · Sexual assault (subsection c - coercive penetration without severe injury): crime of the second degree (N.J.S.A. 2C:14-2) · Sexual assault (subsection c - victim on probation/parole/institutionalized): crime of the second degree (N.J.S.A. 2C:14-2) · Sexual assault (subsection c - victim 16-17 with relational/supervisory power): crime of the second degree (N.J.S.A. 2C:14-2) · Sexual assault (subsection c - victim 13-15, actor 4+ years older): crime of the second degree (N.J.S.A. 2C:14-2) · Sexual assault (subsection c - pupil 18-21 without diploma, school employee): crime of the second degree (N.J.S.A. 2C:14-2)
What are the penalties for sexual assault in New Jersey?
Penalties for sexual assault in New Jersey depend on how it is classified — from a crime of the second degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers sexual assault?
Sexual assault is governed by N.J.S.A. 2C:14-2 (Sexual assault).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.