New Jersey Statutory Rape Laws

Engaging in sexual activities with a minor can lead to criminal charges in New Jersey. These criminal charges are commonly referred to as statutory rape.

What Is the Age of Consent in New Jersey?

Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape.

The age of consent in New Jersey is generally 16. But if a defendant holds a position of trust over the minor, the age of consent increases to 18.

New Jersey's Statutory Rape Laws

Statutory rape is prosecuted under New Jersey's sexual assault and criminal sexual contact laws. Penalties depend on the ages of the parties, their age difference, and the conduct that occurred (sexual penetration or contact).

Sexual penetration includes vaginal, oral, and anal sex.

Sexual contact refers to intentional touching (under or over clothing) of the victim or defendant's intimate parts for sexual purposes. Intimate parties include sex organs, genital area, anal area, inner thigh, groin, buttocks, or breasts.

What Are the Penalties for Statutory Rape in New Jersey?

Statutory rape offenses carry felony-level penalties in New Jersey, ranging from crimes of the first to fourth degree. Repeat offenders can face harsher penalties.

Aggravated Sexual Assault

The harshest penalties apply when a defendant engages in sexual penetration with a child younger than 13. It's considered aggravated sexual assault and a crime of the first degree. A guilty defendant faces 25 years to life in prison and up to a $200,000 fine.

A defendant can also face aggravated sexual assault charges by engaging in sexual penetration with a child age 13 to 15 when the defendant holds a position of authority over the victim, is related, or acts in the capacity of a parent. This first-degree crime carries a 10- to 20-year prison sentence and a maximum $200,000 fine.

Sexual Assault

Sexual assault offenses are crimes of the second degree. A defendant commits sexual assault by engaging in:

• sexual contact with a child younger than 13 when the defendant is at least 4 years older
• sexual penetration with a child age 13 to 15 when the defendant is at least 4 years older, or
• sexual penetration with a minor age 16 or 17 when the defendant holds a position of authority over the victim, is related, or acts in the capacity of a parent.

This offense is a second-degree crime, punishable by 5 to 10 years in prison, a fine of up to $150,000, or both.

Aggravated Criminal Sexual Contact

A person commits aggravated criminal sexual contact when engaging in sexual contact with a child age 13 to 15 when the defendant holds a position of authority over the victim, is related, or acts in the capacity of a parent. This crime of the third degree carries a possible sentence of 3 to 5 years imprisonment and a $15,000 fine.

Criminal Sexual Contact

Criminal sexual contact crimes involve sexual contact with:

• a child age 13 to 15 when the defendant is at least 4 years older, or
• a minor age 16 or 17 when the defendant holds a position of authority over the victim, is related, or acts in the capacity of a parent.

The maximum penalty for a crime of the fourth degree is 18 months of prison time and a $10,000 fine.

(N.J. Stat. §§ 2C:14-1, 2C:14-2, 2C:14-3, 2C:43-3, 2C:43-6 (2024).)

Does New Jersey Have a Romeo-and-Juliet Law?

Yes. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

Under New Jersey's Romeo-and-Juliet exemptions, it's not a crime for certain minors close in age to engage in consensual sexual penetration or contact. One exemption applies to sexual penetration when the parties are at least 13 and fewer than 4 years apart in age. For example, it's not a crime for a 14-year-old and 15-year-old to have sex. Another exemption applies to sexual contact with a minor when the age gap is less than 4 years.

(N.J. Stat. §§ 2C:14-2, 2C:14-3 (2024).)

Defenses to Statutory Rape Charges in New Jersey

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur."

New Jersey, however, doesn't permit defendants to raise a mistake-of-age defense for statutory rape claims. Similar to many other states, it doesn't matter if the defendant reasonably believed the victim to be older or the victim claimed to be older. (State v. Moore, 253 A.2d 579 (1969).)

Is Sex Offender Registration Required for Statutory Rape in New Jersey

Yes. New Jersey's Sex Offender Registration laws apply to both adults convicted, and juveniles adjudicated delinquent, of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and criminal sexual contact. Registration generally lasts at least 15 years. Failure to register is a crime of the third degree

(N.J. Stat. § 2C:7-2 (2024).)

Talk to a Lawyer

If you're facing a statutory rape charge, consider consulting with an experienced criminal defense attorney. A lawyer can help you navigate the criminal legal process and help you understand the ramifications of the charges.