Aggravated Criminal Sexual Contact

Bordentown NJ Aggravated Criminal Sexual Contact Attorneys

N.J.S.A. 2C:14-3 Attorney

Aggravated criminal sexual contact will be prosecuted as either a third degree crime or a fourth degree crime in New Jersey. There are 6 circumstances where your conduct could qualify as third degree aggravated criminal sexual contact and four (4) circumstances where your conduct will qualify as fourth degree criminal sexual contact. These charges carry upwards of 5 years in a New Jersey State Prison along with Megan’s Law Registration as a Sex Offender. Contact the criminal trial lawyers at Proetta & Oliver to discuss your matter today. N.J.S.A. 2C:14-3 charges are life-altering and difficult to defend against. Allow our firm to provide you or your loved one with a free consultation and learn what we can do to help you fight back against these allegations. Our firm can be reached 24/7 at (609) 850-8284.   

Aggravated Criminal Sexual Contact Burlington County NJ

In order to convict a defendant, N.J.S.A. 2C:14-3, states that the Burlington County Prosecutor’s Office must establish, beyond reasonable doubt, that the defendant committed an act of “sexual contact” in one of the following 6 situations:

• The sexual contact was a child under the age of 13;
• The sexual contact was with a child that is at least 13 but less than 16, and
  • The actor is related to the victim by blood or affinity to the third degree*; or
  • The actor has supervisory or disciplinary power over the victim because of his legal, professional or occupational status; or
  • The actor is a resource family parent, guardian, or stands in loco parentis within the household.
• The sexual contact occurred while committing a robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape; or
• The sexual contact occurred while assisted by another person and uses physical force or coercion;
• The sexual contact occurring using physical force or coercion and severe personal injury results to the victim; or
• The sexual contact was with a victim that is physically helpless, mentally incapacitated, or is incapable of understanding the nature of the actors conduct.

*First degree blood or affinity relation refers to parents and children; Second degree blood or affinity relation refers to grandparents, grandchildren, brothers and sisters; and Third degree blood or affinity relation refers to uncles, aunts, nieces, nephews, great grandparents, great grandchildren.

What is Sexual Contact in Evesham, NJ?

“Sexual contact” means an intentional touching by the victim or by the defendant, either directly or through clothing, of the victim’s or defendant’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or gratifying defendant.

“Intimate parts” means sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

Is Masturbation Considered Aggravated Criminal Sexual Contact?

Cases involving masturbation by the defendant required additional proofs in order to obtain a conviction. Specifically, the State must prove beyond a reasonable doubt that the touching was in view of the victim whom the defendant knew to be present. See State v. Zeidell, 154 N.J. 417 (1998). The State is not required to prove that the victim actually observed or witnessed the alleged sexual contact. Rather, the State must prove that the alleged sexual contact occurred in the view of the victim. “Field of vision” is not limited to the visual direction in which the alleged victim is focused upon at the particular time when the alleged sexual contact is said to have occurred. Field of vision includes the areas that the victim was capable of viewing. See State v. Breitweiser, 373 N.J. Super. 271 (App. Div. 2004). However, the State must prove beyond a reasonable doubt that the victim was present.

Aggravated Criminal Sexual Contact Penalties Mount Holly, NJ

An individual convicted of aggravated criminal sexual contact is a third degree crime. Under N.J.S.A. 2C:43-6, a conviction for a third degree crime carries up to five (5) years in state prison. Additionally, fines can reach $15,000.00. This is all in addition to having a permanent felony record that will follow you around for life.

Megan’s Law Registration for Aggravated Criminal Sexual Contact

Most people have heard of Megan’s Law, yet they are unaware of what this entails. Megan’s Law was legislation passed on October 31, 1994. The Megan’s Law Internet Registry was enacted in July 23, 2001. It is a database to keeps track of sexual offenders and New Jersey and makes this information public through Internet Registry. A conviction for Aggravated Criminal Sexual Contact will subject you to mandatory registration. Contact our attorneys to learn exactly what this entails and if registration can be avoided in your case.  

Criminal Attorneys for Aggravated Criminal Sexual Contact in Burlington Township

Crimes that touch on sexual conduct are strictly prosecuted by the Burlington County Prosecutor’s Office. It should come as no surprise that the plea offers for Aggravated Criminal Sexual Contact often include incarceration. It is for this reason that you need to hire an experienced trial attorney who is prepared to take your case before a judge and jury. Our criminal trial attorneys are prepared to handle your matter from arrest all the way up to closing arguments. Contact our firm at (609) 850-8284 and discuss what can be done to mitigate your exposure regarding your criminal charges.