Sexual assault Second degree 2C:14-2(c

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

Sexual assault
Second degree 2C:14-2(c)

Conviction under subsection (3) or(4) would probably be deemed a
"sexual abuse of a minor" AF. If later
removal proceedings are held outside
the Third Circuit and record of
conviction establishes that the victim
was a minor, conviction under
subsections (1) and (2) 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). Conviction
under any subsection would probably
be deemed a “rape” AF, especially if
record of conviction establishes
sexual intercourse between the
offender and victim. If term of
imprisonment of at least one year is
imposed, conviction under
subsection (1) would probably be
deemed a "crime of violence" AF
and conviction under subsection (2),
(3) or (4) might be deemed a "crime
of violence" AF.
Would probably be
considered a CIMT. If the victim was a current orformer spouse or similarly
situated individual, a
conviction might be
considered a CODV.
Conviction under subsection
(3) or (4) 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