AGGRAVATED 2C:14-3(A) – Stephen A. Gravatt, Esq. Criminal Defense Attorney

AGGRAVATED CRIMINAL SEXUAL CONTACT—N.J.S.A. 2C:14-3(a)
CRIMINAL SEXUAL CONTACT—N.J.S.A. 2C:14-3(b)
Aggravated
If you have been charged with 2C:14-3(a), Aggravated criminal sexual contact, if convicted, you are exposed to jail time up to 5 tears, monetary fines up to $15,000.00, criminal record. I have been practicing law for 26 years and have successfully handled many criminal matters. Please contact me at (732)-337-7922, for an evaluation of your circumstances and vigorous and competent representation.

ILLUSTRATIVE EXAMPLE OF WHAT CONSTITUES THE OFFENSE: You are a 32 year old single parent with permanent physical custody of two children ages five (5) and seven (7). You are required by your employer to attend evening meetings twice a week. Gosh you are working hard and feeling deprived. You have hired a fifteen (15) year old girl to baby sit for you on those evenings. You arrive home after one of your meetings and you pay her for her services. She gives you a thank you hug and inadvertently you hug back cupping your hands under her buttocks. She does not object. You move your hands to the front of her groin area but do not remove her clothing. At that split second her mother (who has come to pick her up and drive her home) walks in and witnesses the entire awkward event. Have you just committed a serious crime?

Definitions:
a. “Actor” means a person accused of an offense proscribed under this act;

b. “Victim” means a person alleging to have been subjected to offenses proscribed
By this act;

c. “Sexual penetration” (applies only to section 14-2(a) and (b) of statute)

d. “Sexual contact” means an intentional touching by the victim or actor, either
directly or through clothing of the victim’s or actor’s intimate parts for 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;

e. “Intimate parts” means the following body parts: sexual organs, genital area, anal
area, inner thigh, groin, buttock or breast of a person;

f. “Severe personal injury” means severe bodily injury, disfigurement, disease,
Incapacitating mental anguish or chronic pain;

g. “Physically helpless” means that condition in which a person is unconscious or
is physically unable to flee or is physically unable to communicate unwillingness
to act;

h. “Mentally defective” means that condition in which a person suffers from a mental
disease or defect which renders that person temporarily or permanently incapable
of understanding the nature of his conduct, including, but not limited to, being
incapable of providing consent;

i. “Mentally incapacitated” means that condition in which a person ia rendered
temporarily incapable of understanding or controlling his conduct due to the
influence of a narcotic, anesthetic, intoxicant or other substance administered
to that person with his prior knowledge or consent, or due to any other act committed upon that person which rendered that person incapable of appraising
or controlling his conduct;

j. “Coercion” as used in this chapter shall refer to those acts which are defined as
Criminal coercion in section 2C:13-5(1), (2), (3), (4), (6), and (7).

AGGRAVATED CRIMINAL SEXUAL CONTACT
a. An actor is guilty of aggravated criminal sexual contact if he commits an act of
sexual contact with the victim under any of the circumstances set forth in 2C:14-2a
(2) through (7).

(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, aeson 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 gesture;

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

CRIMINAL SEXUAL CONTACT
b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact
with the victim under any of the circumstances set forth in 2C:14-2c (1) through
(4).

(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 4
years older than the victim.

Criminal sexual contact is a crime of the fourth degree.

The answer to the question is YES. Her consent is not a defense. She is under the age of 16, you are a much older adult in a position of power or authority over her because you are her employer and you have touched her buttocks and groin area, both of which are defined as “intimate parts”. If you are charged with aggravated sexual contact, which is a third degree crime, your exposure, if convicted, would be monetary fines of up to $15,000.00, plus possible imposition of jail time in a range of a low of three (3) years and a high of five (5) years, N.J.S.A. 2C: 43-3(b), presumptive four (4) years. At sentencing the aggravating and mitigating factors would presumably be addresses which could raise the jail time or lower the jail time accordingly. N.J.S.A. 2C:44-1(e). However even if you could somehow avoid jail time, you would still have a criminal record and you may have to register with your local police department under N.J.S.A. 2C:7-1 (Megan’s Law) as a “registered sex offender”.

This is nothing to mess around with. If charged with aggravated sexual contact or sexual contact, you need to retain a skilled and experienced attorney immediately. Please contact me for help at (732)-337-7922