Bill Text: NJ A1265 | 2016-2017 | Regular Session | Introduced
Bill Title: Reestablishes crime of incest; criminalizes knowingly marrying or entering into civil union, or engaging in sexual activity, with certain family members.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A1265 Detail]
Download: New_Jersey-2016-A1265-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
SYNOPSIS
Reestablishes crime of incest; criminalizes knowingly marrying or entering into civil union, or engaging in sexual activity, with certain family members.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the crime of incest between certain family members and supplementing chapter 24 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person is guilty of incest if:
(1) The person knowingly enters into a marriage or civil union that is prohibited pursuant to R.S.37:1-1; or
(2) the person knowingly commits an act of sexual penetration with any other person with whom the actor is prohibited from entering into a marriage or civil union pursuant to R.S.37:1-1.
b. Incest is a crime of the third degree. However, whenever a person is convicted of the crime of incest for an act of sexual penetration with the person's ancestor or descendant in violation of paragraph (2) of subsection a. of this section, notwithstanding the presumption of nonimprisonment concerning a crime of the third degree set forth in subsection e. of N.J.S.2C:44-1, the person shall be sentenced to a term of imprisonment that shall include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the person shall not be eligible for parole.
2. This act shall take effect immediately.
STATEMENT
This bill would reestablish the crime of incest in this State. Incest by marital acts or certain forms of sexual activity between various family members of any age was previously criminalized pursuant to former statutory sections R.S.2A:114-1 and R.S.2A:114-2. These sections were repealed and replaced by N.J.S.2C:14-2, which only addressed incestuous sexual acts involving minors as a form of sexual assault, when the Legislature adopted the State's revised Criminal Code (allocated as Title 2C of the New Jersey Statutes) in 1978; a separate crime of incest, particularly between adult family members, was no longer recognized. See P.L.1978, c.95.
Under the bill a person would be guilty of incest for:
(1) knowingly entering into a marriage or civil union that is prohibited by R.S.37:1-1 - such prohibited marriages or civil unions include those between a person and any of the person's blood ancestors (e.g., a parent or grand parent), blood descendants (e.g., a child or grand child), and blood or half-blood siblings, nieces and nephews, and aunts and uncles; or
(2) knowingly committing an act of sexual penetration with any of the above listed persons with whom the actor is prohibited from entering into a marriage or civil union pursuant to R.S.37:1-1.
The crime of incest would be graded as a crime of the third degree. A crime of the third degree is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. However, whenever a person was convicted of the crime of incest for an act of sexual penetration with the person's ancestor or descendent, the person would be subject to a mandatory minimum term of imprisonment. That mandatory term would be one-third to one-half of the sentence imposed, during which time the person would not be eligible for parole.
