Arrested for Criminal Sexual Contact in New Jersey?
Criminal Sexual Contact – A Third or Fourth Degree Felony Crime
What is Criminal Sexual Contact in New Jersey?
Criminal Sexual Contact is defined under N.J.S.A. 2C:14-3 as sexual contact with another person under circumstances that would constitute sexual assault if sexual penetration had occurred. Unlike sexual assault, which requires proof of penetration, criminal sexual contact involves intentional touching of intimate body parts for the purpose of degrading or humiliating the victim, or sexual arousal or gratification.
Sexual contact includes:
- Intentional touching of the victim’s intimate parts (sexual organs, genital area, anal area, inner thigh, groin, buttocks, or breasts)
- Touching of the victim’s clothing covering intimate parts
- Touching the victim of the defendant’s intimate parts when compelled to do so
Criminal Sexual Contact vs. Sexual Assault: The Key Difference
Criminal sexual contact is considered a lesser included offense of sexual assault. This legal concept means that if prosecutors cannot prove all the elements necessary for sexual assault (particularly sexual penetration), they can instead charge you with the lower offense of criminal sexual contact.
Sexual Assault (N.J.S.A. 2C:14-2) requires proof of sexual penetration and is typically charged as a second degree crime with 5-10 years in prison. Criminal Sexual Contact (N.J.S.A. 2C:14-3) involves sexual touching without penetration and is charged as either third or fourth degree, depending on the circumstances, carrying significantly lower penalties.
This charge often arises when the state’s evidence cannot establish penetration occurred, when DNA evidence is inconclusive, when victim testimony is uncertain about the extent of contact, or when physical evidence doesn’t support sexual assault charges.
Degrees and Penalties for Criminal Sexual Contact
The severity of criminal sexual contact charges depends on the specific circumstances of the alleged offense. New Jersey law grades these offenses as either third degree or fourth degree crimes.
| Charge Degree | Prison Sentence | When It Applies | Incarceration Presumption |
| Third Degree | 3 to 5 years | Sexual contact with a victim under 13 years old; sexual contact by force or coercion; sexual contact with a victim who is physically helpless, mentally incapacitated, or mentally defective | Presumption of NON-incarceration if you have no prior record |
| Fourth Degree | Up to 18 months | All other criminal sexual contact not meeting third degree criteria | Presumption of NON-incarceration if you have no prior record |
Elements Prosecutors Must Prove in NJ Criminal Sexual Contact Cases
To convict you of criminal sexual contact, prosecutors must prove specific elements beyond a reasonable doubt. Understanding these elements is critical to building an effective defense strategy.
For All Criminal Sexual Contact Charges:
Intentional Contact: The touching must be purposeful, not accidental. Prosecutors must prove you deliberately made contact with the victim’s intimate parts or caused the victim to touch your intimate parts.
Purpose of Contact: The contact must have been for the purpose of degrading or humiliating the victim, or for sexual arousal or sexual gratification of either party. Contact for legitimate medical purposes, parental care of young children, or other non-sexual reasons doesn’t constitute criminal sexual contact.
Lack of Consent: The victim did not consent to the contact, or consent was not legally valid (due to age, mental incapacity, or other factors).
For Third Degree Charges:
Prosecutors must additionally prove one of the aggravating factors that elevate the charge to third degree, including that force or coercion was used, the victim was under 13 years old, the victim was physically helpless or mentally incapacitated, or the contact occurred under circumstances that would constitute aggravated sexual assault if penetration occurred.
Challenging the State’s Case
Each element presents opportunities for defense. Your attorney can challenge whether contact was intentional, whether the purpose was sexual in nature, whether force or coercion actually occurred, whether the victim’s incapacity claims are credible, or whether consent existed.
Defense Strategies for Criminal Sexual Contact Charges
Victim Credibility Challenges
These cases frequently come down to “he said, she said” scenarios where the alleged victim’s testimony is the primary evidence. Your attorney will thoroughly investigate the victim’s credibility by examining inconsistent statements made at different times, motives to fabricate allegations (custody disputes, revenge, financial gain), prior false accusations, delayed reporting without a reasonable explanation, and contradictions between the victim’s account and physical evidence.
Lack of Physical Evidence
Unlike sexual assault cases, where DNA evidence can establish penetration occurred, criminal sexual contact cases often lack physical evidence. Your attorney can argue there is no DNA evidence linking you to the alleged contact, no injuries consistent with the victim’s claims, no witnesses corroborating the allegations, and no forensic evidence supporting the state’s timeline.
Consent Defense
In cases not involving minors or incapacitated victims, consent can be a complete defense. Your attorney can present evidence of the victim’s consent through text messages or communications showing mutual interest, witness testimony about the consensual nature of the relationship, evidence contradicting claims of force or coercion, or the victim’s actions before and after the alleged incident.
False Accusation
Unfortunately, false accusations occur in the context of divorce and custody battles, romantic relationships that ended badly, attempts to extort money or gain an advantage, misunderstandings about the nature of contact, or mental health issues affecting the accuser’s perception.
Your attorney will investigate the accuser’s background, motives, and mental health history to expose potential reasons for fabrication.
Insufficient Evidence of Force or Coercion
For third degree charges requiring proof of force or coercion, your attorney can challenge whether physical force was actually used, whether verbal threats or coercion occurred, whether the victim’s claims of helplessness or incapacity are credible, or whether the circumstances truly prevented the victim from resisting.
Constitutional Violations
Evidence obtained in violation of your constitutional rights must be suppressed, including statements made without proper Miranda warnings, evidence from illegal searches of your phone, computer, or home, coerced confessions obtained through improper interrogation, or violations of your right to counsel.
Expert Witness Testimony
The Tormey Law Firm works with expert witnesses when necessary, including forensic experts to challenge DNA evidence or lack thereof, medical experts to dispute injury claims or victim incapacity, psychological experts to address false memory or suggestibility issues, and investigative experts to reconstruct events and timelines.
The Superior Court Process for Criminal Sexual Contact Cases
Unlike disorderly persons offenses handled in municipal court, criminal sexual contact charges proceed through New Jersey Superior Court with a complex process requiring experienced legal representation at every stage.
Arrest and Initial Appearance. Following arrest, you’ll appear before a judge within 48 hours for a first appearance where charges are read, bail is addressed, and you’re advised of your rights. In some cases, prosecutors may seek pretrial detention, arguing you’re a danger to the community or a flight risk.
Pre-Indictment Conference. Before formal indictment, your attorney meets with prosecutors to review discovery (all evidence against you), discuss potential plea agreements, negotiate charge reductions if possible, and explore diversionary programs like PTI.
Grand Jury Indictment. Prosecutors present their case to a grand jury of 23 citizens who determine whether probable cause exists to indict you. This process is one-sided—your attorney cannot present evidence or cross-examine witnesses. Grand juries indict in the vast majority of cases presented.
Arraignment. After indictment, you’re formally arraigned, where charges are read, and you enter a plea of guilty, not guilty, or no contest.
Discovery and Motion Practice. Your attorney obtains all evidence through discovery requests and depositions, files motions to suppress illegally obtained evidence, challenges the legal sufficiency of charges, seeks dismissal on constitutional grounds, and requests hearings on critical issues.
Plea Negotiations or Trial. Most cases resolve through negotiated plea agreements involving reduced charges, sentencing recommendations, or diversion to PTI. If negotiation fails and you choose to proceed to trial, your attorney presents your defense to a jury that must find you guilty beyond a reasonable doubt.
Criminal Sexual Contact in NJ: Frequently Asked Questions
Q: What’s the difference between criminal sexual contact and sexual assault?
A: Criminal sexual contact involves intentional touching of intimate body parts without penetration, while sexual assault requires proof of sexual penetration. Criminal sexual contact is a lesser included offense, meaning prosecutors charge it when they cannot prove penetration occurred. Sexual assault is typically second degree (5-10 years), while criminal sexual contact is third or fourth degree (18 months to 5 years).
Q: Can I get PTI for criminal sexual contact charges?
A: Yes, if you have no prior criminal record, you are eligible for Pre-Trial Intervention for both third and fourth degree criminal sexual contact charges. However, obtaining PTI approval for sex crimes is challenging and requires experienced legal advocacy. The Tormey Law Firm has successfully negotiated PTI admission for numerous clients facing these charges.
Q: Will I have to register as a sex offender under Megan’s Law?
A: Not necessarily. Megan’s Law registration depends on the specific circumstances of your case, the degree of the charge, whether aggravating factors were present, and the court’s discretion. Fourth degree cases without aggravating circumstances may not require registration. Cases resolved through PTI typically avoid registration. Your attorney can fight to prevent or minimize registration requirements.
Q: What if the alleged victim is lying or has a motive to make false accusations?
A: False accusations occur in criminal sexual contact cases, particularly in the context of divorce/custody battles, failed romantic relationships, or attempts to gain advantage. Your attorney will thoroughly investigate the accuser’s credibility, motives, and background. Evidence of false accusations includes inconsistent statements over time, lack of physical evidence supporting claims, witnesses contradicting the accuser’s version, and documented motives to fabricate.
Q: Does the “presumption of non-incarceration” mean I won’t go to prison?
A: The presumption of non-incarceration for first-time, third and fourth degree offenders means judges presume probation is more appropriate than prison. However, it’s not a guarantee—judges can still impose prison sentences if they find aggravating factors outweigh mitigating factors. Your attorney presents mitigation evidence to strengthen the presumption and argue for a probationary sentence.
Q: Can criminal sexual contact charges be expunged from my record?
A: Yes, but with waiting periods. Third degree convictions require waiting 5 years after completing your sentence before becoming eligible for expungement. Fourth degree convictions also require 5 years. If you complete PTI successfully, you’re eligible for expungement immediately after completing the program.
Q: I’m not a U.S. citizen. Will this conviction get me deported?
A: As criminal defense attorneys, we focus on fighting your charges—but we strongly advise working with an immigration attorney who can address the specific immigration implications of your case.
Q: What happens if I had consensual contact with someone who was intoxicated?
A: If the alleged victim was intoxicated to the point of being mentally incapacitated (unable to understand or control their conduct), consent is not legally valid even if they appeared to consent. However, your attorney can challenge whether the victim was actually incapacitated, whether you reasonably believed they were capable of consenting, whether intoxication claims are exaggerated, and whether other evidence contradicts incapacity claims.
Arrested for Criminal Sexual Contact? Contact The Tormey Law Firm Now
Criminal sexual contact charges carry severe consequences: years in state prison, permanent felony records, sex offender registration, and devastating impacts on your family, career, and reputation. These cases are sensitive, complex, and require immediate action from experienced sex crimes defense attorneys. The Tormey Law Firm defends clients against criminal sexual contact charges throughout Bergen County, Morris County, Essex County, Passaic County, Hudson County, Middlesex County, and across New Jersey. Contact us at (201) 556-1570 now for a free, confidential consultation.
