Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Tuesday, December 29, 2015

2C:14-1 Definitions in sexual assault cases NJ


2C:14-1 Definitions in sexual assault cases
2C:14-1 Definitions in sexual assault cases. width=322C:14-1. Definitions. The following definitions apply to this chapter: width=32a.width=32Actor means a person accused of an offense proscribed under this act; width=32b.width=32Victim means a person alleging to have been subjected to offenses proscribed by this act; width=32c.width=32Sexual 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 actors instruction. The depth of insertion shall not be relevant as to the question of commission of the crime; width=32d.width=32Sexual contact means an intentional touching by the victim or actor, either directly or through clothing, of the victims or actors 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; width=32e.width=32Intimate parts means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person; width=32f.width=32Severe personal injury means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain; width=32g.width=32Physically 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; width=32h.width=32(Deleted by amendment, P.L.2011, c.232) width=32i.width=32Mentally 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; width=32j.width=32Coercion 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). width=32

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