Aggravated sexual assault First degree 2C:14-2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution


Aggravated sexual assault
First degree 2C:14-2
(a) Conviction under subsections (1) or
(2) would probably be deemed a
“sexual abuse of a minor” AF and
conviction under subsections (1)-(7)
might be deemed a “rape” AF,
especially if record of conviction
establishes sexual intercourse
between the offender and victim. If
later removal proceedings are held
outside the Third Circuit and record
of conviction establishes that the
victim was a minor, conviction under
subsections (3)-(7) might also be
deemed a “sexual abuse of a minor”
AF. See Singh v. Ashcroft 383 F. 3d
144 (3d Cir. 2004) (holding that a
conviction under a Delaware statute
that did not include the age of the
victim as an element was not a
“sexual abuse of a minor” AF even
though the record showed that the
victim was a minor). If term of
imprisonment of one year or more is
imposed, conviction under
subsections (4), (5) or (6) would
probably be deemed a "crime of
violence" AF and conviction under
subsection (3) might be deemed a
"crime of violence" AF depending on
the underlying circumstances.
Would probably be
considered a CIMT.
If the victim was a current or
former spouse or similarly
situated individual, a
conviction might be
considered a CODV.
Conviction under subsection
(1) and (2) would probably
also be considered a CAC.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com