2C:14-1 Definitions in sexual assault cases.
2C:14-1. Definitions. The following definitions apply to
this chapter:
a.
"Actor" means a person accused of an offense proscribed under
this act;
b.
"Victim" means a person alleging to have been subjected to
offenses proscribed by this act;
c.
"Sexual penetration" means vaginal intercourse, cunnilingus,
fellatio or anal intercourse between persons or insertion of the hand, finger
or object into the anus or vagina either by the actor or upon the actor's
instruction. The depth of insertion shall not be relevant as to the
question of commission of the crime;
d.
"Sexual contact" means an intentional touching by the victim
or actor, either directly or through clothing, of the victim's or actor's
intimate parts for the purpose of degrading or humiliating the victim or
sexually arousing or sexually gratifying the actor. Sexual contact of the actor
with himself must be in view of the victim whom the actor knows to be present;
e.
"Intimate parts" means the following body parts: sexual
organs, genital area, anal area, inner thigh, groin, buttock or breast of a
person;
f.
"Severe personal injury" means severe bodily injury,
disfigurement, disease, incapacitating mental anguish or chronic pain;
g.
"Physically helpless" means that condition in which a person
is unconscious or is physically unable to flee or is physically unable to
communicate unwillingness to act;
h.
(Deleted by amendment, P.L.2011, c.232)
i.
"Mentally incapacitated" means that condition in which a
person is rendered temporarily incapable of understanding or controlling his
conduct due to the influence of a narcotic, anesthetic, intoxicant, or other
substance administered to that person without his prior knowledge or consent,
or due to any other act committed upon that person which rendered that person
incapable of appraising or controlling his conduct;
j.
"Coercion" as used in this chapter shall refer to those acts
which are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4),
(6) and (7).
2C:14-1. Definitions. The following definitions apply to
this chapter:
a."Actor" means a person accused of an offense proscribed under
this act;
b."Victim" means a person alleging to have been subjected to
offenses proscribed by this act;
c."Sexual penetration" means vaginal intercourse, cunnilingus,
fellatio or anal intercourse between persons or insertion of the hand, finger
or object into the anus or vagina either by the actor or upon the actor's
instruction. The depth of insertion shall not be relevant as to the
question of commission of the crime;
d."Sexual contact" means an intentional touching by the victim
or actor, either directly or through clothing, of the victim's or actor's
intimate parts for the purpose of degrading or humiliating the victim or
sexually arousing or sexually gratifying the actor. Sexual contact of the actor
with himself must be in view of the victim whom the actor knows to be present;
e."Intimate parts" means the following body parts: sexual
organs, genital area, anal area, inner thigh, groin, buttock or breast of a
person;
f."Severe personal injury" means severe bodily injury,
disfigurement, disease, incapacitating mental anguish or chronic pain;
g."Physically helpless" means that condition in which a person
is unconscious or is physically unable to flee or is physically unable to
communicate unwillingness to act;
h.(Deleted by amendment, P.L.2011, c.232)
i."Mentally incapacitated" means that condition in which a
person is rendered temporarily incapable of understanding or controlling his
conduct due to the influence of a narcotic, anesthetic, intoxicant, or other
substance administered to that person without his prior knowledge or consent,
or due to any other act committed upon that person which rendered that person
incapable of appraising or controlling his conduct;
j."Coercion" as used in this chapter shall refer to those acts
which are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4),
(6) and (7).
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