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johngibson15219
johngibson15219, DUI Lawyer
Category: Criminal Law
Satisfied Customers: 159
Experience:  Admitted to Pennsylvania Bar October 1980.
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what is the diffrence between sexual assault and rape also

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what is the diffrence between sexual assault and rape?also please define Indescent Assault

This is copied from a New Jersey defense lawyer's website:


Sexual Assault is the legal term for Rape in New Jersey, and indicated an allegation of of sexual penetration.

Criminal Sexual Contact is a lesser charge consisting of "intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor".

Lewdness is an offense defined by "lewd acts" consisting of "exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person".

These crimes also may fall into the category of Domestic Violence depending on the relationship between the victim and the defendant.

These charges are very complicated, and are no doubt overwhelming. But I've fought these cases before, and there may be valid defenses we can use.

Elements of Sexual Assault / Criminal Sexual Contact according to New Jersey Law

The elements of an Aggravated Sexual Assault charge are as follows:

(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; or c. the actor is a foster 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.

The elements of a Sexual Assault charge are:

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 4 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 one whom the actor knew or should have known was physically helpless, mentally defective, or mentally incapacitated;

(3) 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;

(4) 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 over the victim; or c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;

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

The legal elements of a Criminal Sexual Contact charge are those in elements (1)-(5) above.

New Jersey Sexual Assault and Related Penalties

Aggravated Sexual Assault is a First Degree Crime under New Jersey Criminal Statute (2C:14-2), with a maximum penalty of up to 20 years in state prison.

Sexual Assault (2C: 14-2b,c) is a Second Degree Crime, which has a maximum penalty of 10 years in prison.

Aggravated Criminal Sexual Contact (2C:14-3a) is a Third Degree Crime, which has a maximum penalty of 5 years in prison.

Criminal Sexual Contact (2C:14-3b) is a Fourth Degree Crime, which has a maximum penalty of up to 18 months in prison.

Lewdness (2C:14-4) may be charged as either a Fourth Degree Crime (above) if it involves a mentally incapacitated person or child under 13 if the defendant is more than 4 years older, or more commonly, a disorderly persons offense, which has a maximum penalty of 6 months in jail and/or a $1000 fine.

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Customer: replied 8 years ago.
would a person being charged with lewdness,(4th degree) where NO other person's are involved,have to register as a phediophile or a sexual predator?