If you or someone you care about is facing sex crime charges in New Jersey, it’s important to understand exactly what you’re being charged with — because not all charges are created equal. Two of the most commonly confused offenses are sexual assault and criminal sexual contact.
While both are serious, they differ significantly in terms of:
- Legal definitions
- Severity of punishment
- Long-term consequences (like sex offender registration)
As a Jersey City sex crime defense lawyer, I’ve helped many clients charged with both types of offenses. This blog post will break down the key differences and explain what’s at stake.
What Is Criminal Sexual Contact in New Jersey?
Criminal sexual contact is generally considered a less severe offense than sexual assault, but it still carries serious legal and personal consequences.
According to N.J.S.A. 2C:14-3(b), a person commits criminal sexual contact when:
“The actor intentionally touches the victim — or forces the victim to touch them — in an intimate part for the purpose of sexual gratification, without consent and under specific aggravating circumstances (such as coercion, victim being incapacitated, or abuse of authority).”
Key Elements:
- Intentional, non-consensual touching
- No penetration involved
- Often classified as a fourth-degree crime
Examples may include:
- Groping someone inappropriately
- Unwanted sexual touching over or under clothing
- Forcing someone to touch your private parts
Penalties (Fourth-Degree):
- Up to 18 months in prison
- Fines up to $10,000
- Possible registration under Megan’s Law (depending on case facts)
While this is technically a lower-level felony (fourth-degree), it can still result in permanent criminal records, sex offender status, and loss of job or housing opportunities.
What Is Sexual Assault in New Jersey?
Sexual assault is a much more serious charge, typically involving some form of penetration without consent or acts involving minors or vulnerable individuals.
Under N.J.S.A. 2C:14-2, sexual assault includes:
“Sexual penetration with another person under one or more of the following conditions: use of force or coercion, victim is underage, physically helpless, mentally incapacitated, or in custody.”
Key Elements:
- Any vaginal, anal, or oral penetration (however slight)
- Done without consent
- Victim may be unable to legally consent (e.g., under age or unconscious)
- Often classified as a second-degree crime
Examples may include:
- Intercourse without consent
- Sexual acts with someone passed out from drugs or alcohol
- Sexual contact with someone under the legal age of consent
Penalties (Second-Degree):
- 5 to 10 years in prison
- Presumptive state prison sentence (no presumption of probation)
- Mandatory sex offender registration under Megan’s Law
- Parole supervision for life (PSL)
- Ineligibility for certain jobs, housing, or licenses
Why the Difference Matters
Understanding the distinction between these two charges is critical — because the difference between criminal sexual contact and sexual assault can mean the difference between:
- A short sentence and a long one
- Probation and mandatory prison
- Avoiding the sex offender registry or being on it for life
Sometimes prosecutors may charge both offenses together, giving them more leverage during plea negotiations. In other cases, a strong defense can lead to charges being reduced from sexual assault to criminal sexual contact — significantly lowering the long-term consequences.
How Consent Plays a Role
In both charges, consent is a central issue. If the defense can show:
- Consent was freely given
- There was no force or coercion
- The alleged victim was not incapacitated
…then it may be possible to have the charges dismissed or reduced.
Consent defenses are complex and fact-specific, often requiring:
- Witness statements
- Text messages or social media evidence
- Timeline analysis
- Expert testimony (e.g., on memory or intoxication)
An experienced sex crime defense attorney can evaluate whether a consent defense is viable and how best to present it.
Can These Charges Be Expunged?
If you’re convicted of sexual assault, expungement is not available in New Jersey. You’ll be required to register as a sex offender and may be supervised for life.
If you’re convicted of criminal sexual contact, expungement may be possible — but only under limited conditions and only after a long waiting period (usually 5 years or more, and only if the offense is not subject to Megan’s Law).
Again, this is why fighting the charges early is crucial.
Final Thoughts
Facing sex crime charges in Jersey City or anywhere in New Jersey is terrifying — but understanding the law is the first step toward protecting your rights.
While criminal sexual contact and sexual assault may sound similar, they are treated very differently by the courts. If you’ve been charged — or even just accused — don’t wait to see how things unfold.
The sooner you consult with a skilled sex crime lawyer, the more options you have to:
- Challenge the evidence
- Assert a consent defense
- Negotiate reduced charges
- Protect your freedom and your future
Contact our office today for a confidential, no-obligation consultation. Your future could depend on the next steps you take. We recommend jersey city sex crime lawyer.
