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There is no statute of limitations for sexual assault. “Sexual assault” is aggravated sexual assault and sexual assault.

 

Aggravated sexual assault

 

Sexual penetration in any of 10 circumstances.

These include any circumstance in which the victim is under age 13 or the perpetrator

 

1. Is related to the victim,

2. Supervises the victim,

3. Is armed.

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Sexual assault

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1. Sexual contact between a victim under age 13 and a perpetrator who is at least four years older.

2. Sexual penetration in any of seven circumstances.

 

These seven circumstances include any circumstance involving:

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1. The use of force but in which the victim does not sustain severe injury,

2. A victim at least age 16 but less than age 18,

3. The victim is related to the perpetrator (N.J. Stat. Ann. §§ 2C:14-2, 2a, 2b, and 2c).

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The statute of limitations for aggravated criminal sexual contact or criminal sexual contact is five years.

 

But, if the victim was under age 18, the statute of limitations is five years after the victim’s 18th birthday or within two years of the discovery of the offense by the victim, whichever is later.

 

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Aggravated criminal sexual contact

 

Is sexual contact in one of the circumstances that apply to aggravated sexual assault.

 

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Criminal sexual contact 

 

Is sexual contact in one of the circumstances that apply to sexual assault (N.J. Stat. Ann. §§ 2C:14-2, 3a, and 3b).

The statute of limitations does not run

 

1. whenever a prosecution against the accused for the same conduct is pending in New Jersey

2. for any person fleeing from justice.

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If the prosecution is supported by physical evidence that identifies the perpetrator by DNA testing or fingerprint analysis, time does not start to run until the state has possession of both the physical evidence and DNA or fingerprint necessary to establish the identification of the perpetrator (2001 N.J. Sess. Law Ch. 308, effective January 3, 2002).

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Megan’s Law guidelines in New Jersey

 

When a person registers as a sex offender, the County Prosecutors Office is required to assess the person’s level of becoming a offender again.

 

This evaluation is based on a number of legislative mandated factors, including the results of a psychological evaluation, any prior convictions and the nature of these offenses. Once this evaluation is completed, the sex offender is then placed in one of three categories. These categories determine who is notified of the criminal offense.

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Tier one (Low Risk): Law enforcement agents receive notification.
 

Tier two (Moderate Risk): Law enforcement, schools, community organizations, camps, licensed day care centers and other institutions receive notification.
 

Tier three (High Risk): Under a high-risk assessment, the above institutions are notified, as well as local residents. In addition, the information is placed on the Internet for public consumption.

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People who have been subjected to Megan’s Law requirements can apply to terminate these requirements. The following factors must be met.

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1. You have been on the sex offender registry for 15 years

2. You have not had any subsequent convictions

3. You are not a threat to the community

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Under Megan’s Law, people who have been convicted of sex offenses continue to pay for their crimes well after their release from prison.

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Sex offenders face a number of burdens, including Megan’s Law reporting requirements. Depending on the nature of the offense, sex offenders may also face Parole Supervision for Life / PSL or Community Supervision for Life / CSL provisions. It can be very difficult to comply with all of the requirements.

 

Despite your best intentions, you may stand accused of failing to comply with all of these requirements.

 

Any of the following may lead to additional criminal charges:

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1. Failure to register within 48 hours of release from jail or prison, if applicable.

2. Moving to New Jersey from another state and failing to notify New Jersey authorities within 10 days of your arrival.

3. Failure to report in to authorities every 90 days (a requirement if you have been identified as a repetitive or compulsive offender).

4. Providing false information to authorities.

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2C:7-1. Legislative findings and declaration.

 

The Legislature finds and declares:

 

1. The danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children, and the dangers posed by persons who prey on others as a result of mental illness, require a system of registration that will permit law enforcement officials to identify and alert the public when necessary for the public safety.

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3. A system of registration of sex offenders and offenders who commit other predatory acts against children will provide law enforcement with additional information critical to preventing and promptly resolving incidents involving sexual abuse and missing persons.

 

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