Age of Consent Questions for New Jersey

Q&A on statutory rape laws, age of consent laws, sexual assault laws for New Jersey. Ask your Question

what is the legal age of consent in new jersey

:: July 25, 2007 10:07

ok so many people have told me of course that in order for sex to not be considered rape the female in the situation has to be 18, only at that age can she give her own consent. Now im starting to hear rumors that there is this whole 4 year difference thing. so if this is true that means that a 18 year old can have sex with a 14 year old and its not rape. if you ask me it definetly sounds like rape to me. so all i need to know is if the whole 4 year difference rumor is true?

To be convicted of "Sexual Assault" there is an age stipulation written into the law. To be convicted of "Luring or Enticing a minor" there is no age stipulation. The laws are outlined below.

2C:14-2. Sexual assault.
c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(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

(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.


2C:13-6 Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment.
1.Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment.

A person commits a crime of the second degree if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child.

"Child" as used in this act means a person less than 18 years old.

"Electronic means" as used in this section includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4.

"Structure" as used in this act means any building, room, ship, vessel or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for attempted kidnapping under the provisions of N.J.S.2C:13-1.

A person convicted of a second or subsequent offense under this section or a person convicted under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 shall be sentenced to a term of imprisonment. Notwithstanding the provisions of paragraph (2)of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to one-half of the sentence imposed, or three years, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.

For the purposes of this section, an offense is considered a second or subsequent offense or a previous conviction of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4, as the case may be, if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section or substantially equivalent to N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4

Statutory or not?

:: June 30, 2007 00:59

Ok so if a girl at 14 engages in sexual acts with a guy who she started talking to when he was was 19, but is now 20 and there is WRITTEN PROOF and the girl confesses and ADMITS that she told him she was 17, what happens? If the mom doesn't want to press charges, is that enough? What's best and worst case scenario for the guy?

Below are the laws that would apply in this situation. They are found under chapter 14 (Sexual offenses) of the NJ criminal code. (Specifically, see 2C:14-5 in bold and also 2C:14-2 in bold toward the bottom of the page)

2C:14-5. Provisions generally applicable to Chapter 14
a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter. b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim. c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.
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, mentally defective or mentally incapacitated. Aggravated sexual assault is a crime of the first degree. b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim. c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances: (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 (c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household; (4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim. Sexual assault is a crime of the second degree.

32 year old dating 16 year old - Cyber Crimes

:: May 08, 2007 07:19

My 16 year old foster brother is hooking up with a man he met over the internet. He does not know his name, nor has he been talking to him for very long. (maybe 2-3 weeks) Is there an age difference statute which would make this relationship illegal in NJ? If not, what legal options would I have to keep them apart? I think he is an internet predator, and I fear for my foster brothers safety. He literally knows nothing about this man.

How to Report a Crime or Suspicion of a Crime Against Children In New Jersey
If you wish to report an instance of child endangerment and the suspect or victim lives in the State of New Jersey,
Please utilize the Computer Crimes Task Force Hotline 1-888-648-6007
On the web please visit the New Jersey State Police Cyber Crimes Unit The New Jersey Cyber-Crimes Unit (CCU) is composed of State Police enlisted detectives, civilian analysts, and Federal Bureau of Investigation (FBI) agents. The CCU has one investigative squad and a second squad dedicated to the FBI Regional Computer Forensic Laboratory (RCFL). You should also report this activity your foster parent or legal guardian immediately. If you are the legal guardian of your brother, you have certain protective rights just as a parent. You may also contact New Jersey Coalition Against Sexual Assault Hotline and speak to a counselor. 1-800-601-7200 This call is FREE and it's confidential. They may also be be able to help you on more local level. Please advise your brother that he should not trust, or attempt to meet with this man under any circumstances. He could be putting his safety or his life at risk.
N.J. Stat. Ann. § 2C:13-6. Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment.
A person commits a crime of the second degree if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child. "Child" as used in this act means a person less than 18 years old. "Electronic means" as used in this section includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4. "Structure" as used in this act means any building, room, ship, vessel or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for attempted kidnapping under the provisions of N.J.S.2C:13-1. A person convicted of a second or subsequent offense under this section or a person convicted under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 shall be sentenced to a term of imprisonment. Notwithstanding the provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to onehalf of the sentence imposed, or three years, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purposes of this section ,an offense is considered a second or subsequent offense or a previous conviction of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4, as the case may be, if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section or substantially equivalent to N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4.

15 with an 18-19 year old

:: September 01, 2004 03:07

Can a boy the age of 18 or 19 go to jail of get in trouble for impregnating a girl the age of 15? What if they are having intercourse and she isn't pregnant? If the girls parents calls the police and reports this and the girl doesn't cooperate with the police and denies any claim of rape what will happen?

In terms of breaking the law, as long as the age difference between the two people is less than 4 years, intercourse between the two people is allowed. If the age difference is more than 4 years, the penalty is at least a $800 fine and 5-10 years in prison. It's usually pretty easy to prove that sexual intercourse has occurred with a female, as there's biological evidence up to three days after the last occurrence of intercourse, or if the girl is pregnant, so whether or not the girl cooperates with the police is a mute point. If the girl does become pregnant, and the age difference is less than 4 years, it is entirely her decision, legally speaking, to decide to keep the child, and if she does, the father would be responsible for child support for the next 18 years.