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Bill > A4100


NJ A4100

NJ A4100
Establishes crime of incest.


summary

Introduced
05/07/2020
In Committee
05/07/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

Currently, N.J.S.2C:14-2 provides that a sexual assault is: (1) a first degree aggravated sexual assault crime if the actor commits an act of sexual penetration with a person who is at least 13 but less than 16 years old, and the actor is related to that person by blood or affinity to the third degree; or (2) a second degree sexual assault crime if the actor commits an act of sexual penetration with a person who is at least 16 but less than 18 years of age, and the actor is related to that person by blood or affinity to the third degree. The crime of sexual assault does not apply to incestuous acts between consenting adults. This bill would establish a third degree crime of incest in cases not included in N.J.S.2C:14-2 as stated above. Under the bill, a person commits the crime of incest if the person marries or commits an act of sexual penetration with a person to whom the actor is related by blood or affinity to the third degree. The prohibition includes a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. These relationships enumerated in the bill would include blood relationships without regard to legitimacy or relationship of parent and child by adoption. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

AI Summary

This bill establishes a new third-degree crime of incest in cases not already covered under the existing sexual assault law in New Jersey. The bill prohibits marriage or sexual penetration between individuals related by blood or affinity (adoption) up to the third degree, including siblings, uncles/aunts, and nephews/nieces. The crime of incest is punishable by 3-5 years in prison and/or a fine of up to $15,000. This new law fills a gap in the existing sexual assault statute, which does not cover incestuous acts between consenting adults.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 05/07/2020)

bill text


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