New Jersey Statute § 2C:14-3 governs charges for Aggravated Criminal Sexual Contact and Criminal Sexual Contact and provides:

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:14-2 a.(2) through (7).

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

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 section 2C:14-2 c. (1) through (4).

Criminal sexual contact is a crime of the fourth degree.

A charge of criminal sexual contact in New Jersey is not a minor offense: A conviction can include significant jail time, Megan’s Law registration requirements, and Community Supervision for Life.

Criminal sexual contact is a lesser included offense of aggravated sexual assault, which is governed by N.J.S. 2C:14-2. Therefore, a person commits criminal sexual contact if they commit an act of sexual contact under any of the circumstances detailed in the sexual assault statute.

Essentially, criminal sexual contact is a lesser included offense of sexual assault. This lesser charge allows the State to charge not only the heightened standard of sexual assault, but also criminal sexual contact. Importantly, if the state is unable to prove the necessary elements of aggravated sexual assault or sexual assault under N.J.S.A. 2C:14-2, then a defendant will often be facing criminal sexual contact charges instead.

As stated above, criminal sexual contact is graded as either a third degree crime or a fourth degree crime in New Jersey.  This grading will make a significant difference financially, socially and personally. A third degree crime includes a range of three (3) to five (5) years in state prison. A fourth degree offense, on the other hand, has a maximum incarceration exposure up to (18) months in New Jersey state prison. In addition to state prison time, a plea of guilty or a conviction for a sexual offense in New Jersey can expose you to Megan’s Law registration requirements and community supervision for life. Megan’s Law may require mandatory registration in an internet database as well as potential notifications to the community, your neighborhood, and your place of employment. Moreover, you are only eligible to be removed from these registration requirements after fifteen (15) years and if you meet certain criteria.