Bill Text: NJ A1767 | 2010-2011 | Regular Session | Introduced
Bill Title: Enacts the "Jessica Lunsford Act;" increases sentences for sex offenders and persons who harbor them.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-05-13 - Reported and Referred to Assembly Appropriations Committee [A1767 Detail]
Download: New_Jersey-2010-A1767-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Essex, Morris, Somerset and Union)
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
Co-Sponsored by:
Assemblymen Rumpf, Diegnan, Biondi, Chivukula, Bramnick, Green, Egan, Assemblywoman McHose, Assemblymen Russo, McKeon, Prieto, Wolfe, Scalera, Assemblywoman Quigley, Assemblymen Dancer, Conaway, Conners, DeCroce, Assemblywoman Handlin, Assemblymen Holzapfel, Albano, Thompson, Amodeo, Caputo, Milam, Assemblywoman Addiego, Assemblyman Carroll, Assemblywoman Casagrande, Assemblymen O'Scanlon, Giblin, Wisniewski, Assemblywoman Vainieri Huttle, Assemblyman Rible, Assemblywoman Tucker, Assemblyman Rumana, Assemblywoman Oliver, Assemblymen Chiappone, Moriarty, DiMaio, Assemblywomen Evans, Coyle, Wagner, Assemblymen Chiusano, Webber, Assemblywoman Jasey, Assemblyman Rudder, Assemblywoman Vandervalk, Assemblymen Malone, Polistina, DeAngelo, Burzichelli, Assemblywoman Gove, Assemblymen Schroeder and Peterson
SYNOPSIS
Enacts the "Jessica Lunsford Act;" increases sentences for sex offenders and persons who harbor them.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain sex offenders and designated the "Jessica Lunsford Act" and amending N.J.S.2C:14-2 and N.J.S.2C:29-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:14-2 is amended to read as follows:
2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(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 by virtue of the actor's legal, professional, or occupational status, or
(c) The actor is a resource family 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.
Aggravated sexual assault is a crime of the first degree.
Notwithstanding the provisions of any other law, a person convicted under paragraph (1) or (2) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person must serve 25 years before being eligible for parole. A person convicted under paragraph (3), (4), (5), (6) or (7) where the victim was less than 18 years old shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person must serve 25 years before being eligible for parole.
b. 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 four 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 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;
(3) 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 of any nature or in any capacity over the victim; or
(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
Sexual assault is a crime of the second degree.
If the victim of an offense committed pursuant to paragraph (1) or paragraph (2) of this subsection is less than 18 years old, sexual assault is a crime of the first degree and a person convicted of such offense shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person must serve 25 years before being eligible for parole.
(cf: P.L.2004, c.130, s.13)
2. N.J.S.2C:29-3 is amended to read as follows:
2C:29-3. Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:
(1) Harbors or conceals the other;
(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;
(3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;
(5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or
(7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
(a) An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided [who] and is the victim of the offense, in which case the offense is a crime of the fourth degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
(b) Notwithstanding the provisions of subparagraph (a) of this paragraph, any actor who harbors or conceals a person who is subject to the registration requirements of section 2 of P.L.1994, c.133 (C.2C:7-2) and who the actor has reason to believe is not complying or has not complied with the provisions of section 2 of P.L.1994, c.133 shall be sentenced to a minimum term of imprisonment without eligibility for parole. If the offense is a crime of the third degree then the period of parole ineligibility shall be three years; if the offense is a crime of the fourth degree then the period of parole ineligibility shall be one year.
b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:
(1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.1
(cf: P.L.2008, c.81, s.2)
3. This act shall take effect on the first day of the sixth month after enactment.
STATEMENT
This bill, known as the "Jessica Lunsford Act," imposes a mandatory term of imprisonment for certain sex offenses and for those persons who harbor or conceal certain sex offenders.
The bill amends N.J.S.A.2C:14-2 to provide for a mandatory term of imprisonment for certain sex offenders. Under this section, a person convicted of aggravated sexual assault of a minor under the age of 18 or the new crime of first degree sexual assault of a minor under the age of 18 would be sentenced to a specific term of years fixed by the court which would be between 25 years and life imprisonment, of which the person must serve 25 years before being eligible for parole.
Aggravated Sexual Assault. Under current law, a person is guilty of aggravated sexual assault if he commits an act of sexual penetration with a victim under any one of the following circumstances: (1) the victim is under the age of 13; (2) the victim is at least 13 but less than 16 and the actor is related to the victim, has supervisory power over the victim, or is a resource family (foster) parent, guardian, or stands in loco parentis within the household; (3) the act is committed during the commission or the attempted commission of certain crimes, such as kidnapping or robbery; (4) the actor is armed with a weapon; (5) the actor is aided or abetted by another person and uses physical force or coercion; (6) the actor uses physical force or coercion and the victim sustains severe personal injury; and (7) the victim is one whom the actor knew or should have known is physically helpless, mentally defected or mentally incapacitated. Aggravated sexual assault is a crime of the first degree punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. Under the bill, all of these criminal acts would be punishable by a mandatory term of imprisonment of 25 years to life, if the victim was under the age of 18.
Sexual Assault. A person is guilty of the crime of sexual assault under current law if the actor commits an act of sexual contact with a victim who is at least 13 and the actor is at least four years older; or the actor commits an act of sexual penetration under one of following circumstances: (1) the actor uses physical force or coercion but the victim does not sustain severe personal injury; (2) the victim is on probation or parole, detained in a hospital or prison or other institution and the actor has supervisory power over the victim by virtue of the actor's legal, professional or occupational status; (3) the victim is at least 16 but less than 18 years of age and the actor is related to the victim, has supervisory power over the victim or is a resource family parent, a guardian, or stands in loco parentis within the household; or (4) the victim is at least 13 but less than 16 years of age and the actor is at least four years older. Sexual assault is a crime of the second degree punishable by a term of imprisonment of 5 to 10 years, a fine of up to $150,000, or both.
The bill would create the new crime of first degree sexual assault where the victim is less than 18 years of age and an offense is committed under either of the two following circumstances: (1) the actor uses physical force but the victim does not sustain severe personal injury; or (2) the victim is on probation or parole, detained in a hospital or prison or other institution and the actor has supervisory power over the victim by virtue of the actor's legal, professional or occupational status. Under the bill, a person convicted of the crime of first degree sexual assault would be sentenced to a specific term of years which shall be fixed between 25 years to life of which the person must serve 25 years before being eligible for parole.
In addition, the bill amends N.J.S.2C:29-3, which prohibits hindering apprehension or prosecution. The bill provides for the mandatory term of imprisonment of three years without eligibility for parole if an actor harbored or concealed a person who is subject to the registration requirements of Megan's Law and who the actor has reason to believe is not complying or has not complied with the Megan's Law registration provisions.
This bill is named for Jessica Lunsford, the Florida child who was sexually assaulted and murdered by a sex offender.
