CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]model jury charge

CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]model jury charge Count _____ of the indictment charges defendant with criminal sexual contact. [READ COUNT OF INDICTMENT] That section of our statutes provides in pertinent part: An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim and [CHOOSE APPROPRIATE] the actor uses physical force or coercion but the victim does not sustain severe personal injury OR the victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actors legal, professional or occupational status OR the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim OR the victim is at least 16 but less than 18 years old and (1) the actor is related to the victim by blood or affinity to the third degree; OR (2) the actor has supervisory or disciplinary power of any nature or in any capacity over the victim; OR (3) the actor is a resource family parent, a guardian, or stands in loco parentis within the household.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 2 of 9 In order to convict defendant of this charge, the State must prove the following elements beyond a reasonable doubt: (1) That defendant purposely committed an act of sexual contact with another person; OR (1) That defendant purposely committed an act of sexual contact by touching himself/herself and the touching was in the view of(name of victim)who defendant knew was present; [CHOOSE APPROPRIATE] (2) That defendant used physical force or coercion but the victim did not sustain severe personal injury. OR (2) That the victim was [on probation] [on parole] detained in a [hospital] [prison] [institution] and the actor had [supervisory] [disciplinary] power over the victim by virtue of the defendants legal, professional or occupational status. OR (2) That the victim is at least 13 but less than 16 and the defendant is at least four years older than the victim. OR (2) That the victim was at least 16 but less than 18 years old and (1) the defendant is related to the victim by blood or affinity to the first, second or third degree.1 1First degree--parents and children; Second degree--grandparents, grandchildren, brothers and sisters; Third degree--uncles, aunts, nieces, nephews, great grandparents, great grandchildren. See generally, Smith v. Gaines, 36 N.J. Eq. 297 (E. & A. 1882). OR (2) the defendant had [supervisory] [disciplinary]power of any nature or in any capacity over the victim.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 3 of 9 OR (3) the defendant is a resource family parent, a guardian or stands in loco parentis within the household. The first element that the State must prove beyond a reasonable doubt is that defendant purposely committed an act of sexual contact with(name of victim). Sexual contact means an intentional touching by(name of victim)or by the defendant, either directly or through clothing, of(name of victims)or defendants intimate parts for the purpose of degrading or humiliating(name of victim)or sexually arousing or gratifying defendant. Intimate parts means[CHOOSE APPROPRIATE]sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. To find that defendant committed an act of criminal sexual contact, you must find beyond a reasonable doubt both that the touching was intentional and that it was done with the purpose of degrading or humiliating(name of victim)or sexually arousing or gratifying the defendant. Intentional means purposeful. A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to the attendant circumstances if he/she is aware of the existence of such circumstances or believes or hopes that they exist. [WHEN DEFENDANT IS CHARGED WITH TOUCHING HIMSLEF/HERSELF, ADD THE FOLLOWING:The State must prove beyond a reasonable doubt that the touching was in view of the victim whom the defendant knew to be present.2The State is not required to prove that(name of victim)actually observed or witnessed the alleged sexual contact. Rather, the State must prove that the alleged sexual contact occurred in the view of(name of victim). Field of vision is not limited to the visual direction in which the alleged victim is focused upon at the particular time when the alleged sexual contact is said to have occurred. Field of vision 2State v. Zeidell, 154 N.J. 417 (1998).CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 4 of 9The State must prove beyond a reasonable doubt that(name of victim)was present.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 5 of 9 permission means the victim did or said something which would lead a reasonable person to believe (he/she) was agreeing to engage in the act of sexual contact, and freely given permission means the victim agreed of (his/her) own free will to engage in the act of sexual contact. Freely and affirmatively given permission can be indicated either through words or through actions that, when viewed in the light of all the surrounding circumstances, would demonstrate to a reasonable person that affirmative and freely given permission for the specific act of sexual contact had been given. Persons need not, of course, expressly announce their consent to engage in an act of sexual intercourse for there to be affirmative permission. Permission to engage in an act of sexual contact can be and indeed often is indicated through physical actions rather than words. Permission is demonstrated when the evidence, in whatever form, is sufficient to demonstrate that a reasonable person would have believed that the alleged victim had affirmatively and freely given authorization to the act. Proof that the act of sexual contact occurred without the victims permission can be based on evidence of conduct or words in light of surrounding circumstances, and must demonstrate beyond a reasonable doubt that a reasonable person would not have believed that there was affirmative and freely given permission. If there is evidence to suggest that the defendant reasonably believed that such permission had been given, the State must demonstrate either that the defendant did not actually believe that such permission had been freely given, or that such a belief was unreasonable under all of the circumstances. In determining the reasonableness of defendants belief that the victim had freely given affirmative permission, you must keep in mind that the law places no burden on the alleged victim to have expressed non-consent or to have denied permission. You should not speculate as to what the alleged victim thought or desired or why (he/she) did not resist or protest. The State is not required to prove that the victim resisted, or resisted to the utmost or reasonably resisted the sexual contact.5 5N.J.S.A. 2C:14-5a. To find that the defendant used coercion, you must find that defendant, with the purpose, that is, with the conscious object, to unlawfully restrict(name of victim)freedom of action toCRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 6 of 9 engage in or refrain from engaging in the act of sexual contact, threatened to:6 6See N.J.S.A. 2C:14-1j and 2C:13-5. 7N.J.S.A. 2C:14-1f. [Charge applicable language] (1) inflict bodily injury on anyone or any other offense; (2) accuse anyone of an offense; (3) expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute; (4) take or withhold action as an official, or cause an official to take or withhold action; (5) testify or provide information or withhold testimony or information with respect to anothers legal claim or defense; or (6) perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships. In other words, to find that the defendant used coercion, you must find that the defendants purpose, that is, conscious object, was to compel(name of victim)to engage in an act of sexual contact by threatening (him/her). Severe personal injury means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain.7 OR The victim was on probation or parole, or was detained in a hospital, prison or other institution and the actor had supervisory or disciplinary power over the victim by virtue of the defendants legal, professional or occupational status. In this case, the State alleges that defendant had [supervisory] [disciplinary] power over(name of victim)because of defendants status as(insert allegation).In determining whether defendant had [supervisory] [disciplinary] power over(name of victim),you must examine the entire context of the relationship betweenCRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 7 of 9CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 8 of 9The State must prove only the age of the(name of victim)at the time of the offense beyond a reasonable doubt. It does not have to prove that defendant knew or reasonably should have known that(name of victim)was at least 16 but less than 18 years old.CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3b [2C:14-2c(1) through (4)]Page 9 of 9

Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record b. You may go to Jail or Prison. c. You will have to pay Fines and Court Costs. 3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500