Bill Text: NJ A110 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes the offense of incest.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A110 Detail]
Download: New_Jersey-2010-A110-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Co-Sponsored by:
Assemblymen Gusciora, Chivukula, McKeon and Prieto
SYNOPSIS
Establishes the offense of incest.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act creating the offense of incest and supplementing chapter 14 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Except as provided in subparagraph (a) of paragraph (2) of subsection a. of N.J.S.2C:14-2, and subparagraph (a) of paragraph (3) of subsection c. of N.J.S.2C:14-2, an actor is guilty of incest if he marries or commits an act of sexual penetration with an ancestor or descendant to whom the actor is related by blood or affinity to the third degree, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.
Incest is a crime of the third degree.
2. This act shall take effect immediately.
STATEMENT
At present, N.J.S.A.2C:14-2 provides that a sexual assault is (1) a first degree aggravated sexual assault offense if the actor commits an act of sexual penetration with a person who is at least 13 but less than 16 years old, and the actor is related to the victim by blood or affinity to the third degree; or (2) a second degree sexual assault offense if the actor commits an act of sexual penetration with a person who is at least 16 but less than 18 years of age, and the actor is related to the victim by blood or affinity to the third degree.
This bill establishes the third degree offense of incest in cases not included in N.J.S.A.2C:14-2 as stated above. Under the bill, a person commits the offense of incest if he marries or commits an act of sexual penetration with a person to whom the actor is related by blood or affinity to the third degree. The prohibition includes a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. Incest would include blood relationships without regard to legitimacy or relationship of parent and child by adoption. A crime of the third degree is punishable by a term of imprisonment between three to five years, a fine of up to $15,000, or both.
