A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In New Jersey, the criminal offense of sexual assault of a child is addressed under the state's sexual assault laws, which are part of the New Jersey Code of Criminal Justice. Sexual assault is considered a serious crime and is typically classified as a second-degree offense when the victim is between 13 and 16 years old and the perpetrator is at least four years older than the victim. If the victim is less than 13 years old, the offense is elevated to aggravated sexual assault, which is a first-degree crime. New Jersey law does not require the perpetrator to have knowledge of the child's age to be charged with the offense. The statutes cover various acts of sexual penetration and contact, similar to those described in the provided topic. Conviction of such offenses can result in significant prison time, mandatory registration as a sex offender under Megan's Law, and other severe legal consequences. It is important for individuals facing such charges to seek the counsel of an experienced attorney who can provide legal advice specific to the circumstances of the case.