Bill Text: NJ A4524 | 2024-2025 | Regular Session | Introduced

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Bill Title: Creates crime of incest.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-06-06 - Introduced, Referred to Assembly Children, Families and Food Security Committee [A4524 Detail]

Download: New_Jersey-2024-A4524-Introduced.html

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ASSEMBLY, No. 4524

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 6, 2024

 

 

Sponsored by:

Assemblywoman  ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

 

 

 

 

SYNOPSIS

     Creates crime of incest

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act creating the crime of incest 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. An actor is guilty of incest, a crime of the third degree, if the actor marries or enters into a civil union, or commits an act of sexual penetration, with the actor's ancestor or descendant, the actor's sibling, a sibling of the actor's parent, or a child of the actor's sibling.  The relationships referred to herein include blood relationships of the whole or half blood, without regard to legitimacy and relationship of parent and child by adoption.

 

     2. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would establish a third degree crime of incest that may be prosecuted separately from or in addition to other sexual offenses, such as sexual assault (N.J.S.2C:14-2) or endangering the welfare of children (N.J.S.2C:24-4).  Under current law, the crime of sexual assault does not apply to incestuous acts between consenting adults.

     Under the bill, a person commits the crime of incest if the person marries or commits an act of sexual penetration with a person's ancestor or descendant, a sibling, a sibling of the person's parent (i.e., aunt or uncle), or a child of the person's sibling (i.e., niece or nephew).  These relationships enumerated in the bill would include blood relationships of the whole or half blood, 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 of three to five years, a fine of up to $15,000, or both.

     Incest was previously a crime under State law, N.J.S.A.2A:114-1 and 2A:114-2, but those laws were repealed by P.L.1978, c.95.