What is the age of consent in New Jersey

The age of consent in New Jersey is 16. That means anyone under 16 cannot legally consent to sexual activity of any kind. Although someone under the age of consent might agree to a sexual act, by definition, they can’t consent under state law. However, there are exceptions.

What Is Statutory Rape?

Statutory rape is a colloquial term for a crime that occurs when an adult has sexual relations with someone under the age of consent. One type of statutory rape in New Jersey is when an adult has sexual contact with someone under the age of 16.

Another type involves sexual conduct by someone with a duty of care over the child. For example, it can be statutory rape if a sports coach or teacher enters into a sexual relationship with a student under 18.

Can Someone Charged with Statutory Rape Also Be Charged with Other Crimes?

While the New Jersey Criminal Code doesn’t include the term statutory rape, it does outline several charges related to sex crimes involving minors. The actual criminal charges that exist in New Jersey for offenses where an adult engages in sexual activity with a person under the age of consent can include:

• Sexual assault, which includes child molestation
• Aggravated sexual assault, which is often used for rape crimes
• Criminal sexual contact, which includes intentional sexual touching of the victim
• Aggravated criminal sexual contact, which is unlawful sexual contact in more severe situations
• Endangering the welfare of a child, which involves a person responsible for the care of a child engaging in sexual conduct with them
• Lewdness, which includes exposing oneself to a child under 13

What Is New Jersey’s Romeo and Juliet Law?

The Romeo and Juliet exemption intends to prevent severe criminal consequences for teenagers who engage in consensual sex with someone close in age. Certain minors have protections if they are less than four years older than someone at least 13 and the sexual activity is consensual. If convicted of a low-level sexual offense, they do not have to register as a sex offender. Instead of facing a lifetime of consequences for the crime, they get a second chance.

Is Not Knowing the Victim’s Age a Viable Defense Against Statutory Rape Charges?

Sometimes, statutory rape and the associated crimes occur accidentally. That happens when a person has consensual sex with someone they believe is over the age of consent. The minor might look older than they are or fail to mention their age.

However, it doesn’t matter if you didn’t know the alleged victim’s age when you engaged in sexual acts with them. Having sex with an underage person is a strict liability offense. That means intent isn’t a factor in determining whether to charge someone with a sex crime.

What Are the Penalties for Sexual Assault in New Jersey?

In New Jersey, the legal term for rape is sexual assault. It refers to penetration by physical force or coercion or with a physically or mentally incapacitated victim. When the victim is a minor, the offense involves sexual contact between someone under 13 and a defendant at least four years older. It can also include sexual penetration between a person between 13 and 15 and a defendant at least four years older. Sexual penetration with someone under 13 is illegal, no matter the other person’s age.

The penalties will depend on the exact charge, such as:

• Aggravated sexual assault is a first-degree indictable offense, punishable by ten years to life in prison and a fine of up to $200,000.
• Sexual assault is a second-degree indictable offense. The penalties include five to ten years in prison and a maximum fine of $150,000.
• Endangering the welfare of a child is a common charge arising from statutory rape. It is also a second-degree indictable offense.
• Aggravated criminal sexual contact is a third-degree indictable offense, punishable by three to five years in prison and no more than a $15,000 fine.
• Criminal sexual contact is a fourth-degree indictable offense. Sentencing involves a maximum of eighteen months in prison and up to a $10,000 fine.
• Lewdness is also a fourth-degree indictable offense.

Does Someone Convicted of Sexual Assault Have to Register with New Jersey’s Sex Offender Registration?

Under Megan’s Law, those convicted of specific sex crimes must register with the New Jersey Sex Offender Internet Registry. The criminal offenses requiring registration as a sex offender include:

• Sexual assault
• Aggravated sexual assault
• Criminal sexual contact if the victim is a minor
• Aggravated criminal sexual contact
• Kidnapping if the victim is a minor and the defendant isn’t their parent
• Endangering the welfare of a child involving prostitution of a child, kidnapping, pornography featuring a child, criminal restrain, or luring or enticing
• Endangering a child’s welfare by participating in sexual activity that would impair the child’s morals

Lifetime registration is a requirement if Megan’s Law applies. As a registrant, you fall under a Tier I, Tier II, or Tier III classification. The tier will depend on the risk you pose to society. Tier I is for low-risk offenders, while Tier III is for high-risk offenders.

Applying for removal from the registry by the court is possible. However, you must meet these conditions:

• You committed only one offense.
• You can prove you are unlikely to pose a threat to others’ safety.
• You haven’t committed another offense for at least 15 years.

You can also apply to remove yourself from the sex offender registry if you’re a juvenile sex offender. You must have been under 14 when the crime occurred and currently are over 18.

Contact a New Jersey Sex Crimes Lawyer

An underage sex case is complex. If you’ve been arrested for or charged with such a crime, you deserve dependable and quality legal representation. An experienced attorney from the Law Office of Jason A. Volet will review the evidence and prepare a defense strategy to fight for your future.

There is no time to waste, so contact us today for a confidential consultation if you were arrested or charged with a sex crime with a minor in New Jersey. Let us protect your rights and work hard to seek a favorable outcome.

Visit Our Criminal Defense Law Offices

About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.