What Is The Difference Between First Degree and Second Degree Sexual Assault?

We are often asked what makes a sex assault aggravated under New Jersey law. A prerequisite to either offense is sexual assault is penetration of another without consent.  The offense escalates from second degree sexual assault to a first degree crime, aggravated sexual assault, where one of the following applies: (1) victim that is under the age of thirteen (13); (2) the victim is under sixteen (16) and the actor is a parent, guardian, or someone responsible for disciplining or supervising the child; (3) the assault was committed during a robbery, homicide, burglary or similar offense; (4) the actor used a weapon; (5) the offender was assisted by another person and involved force or coercion; (6) force was used and resulted in injury to the victim; and (7) the victim was helpless, mentally impaired, or otherwise not able to provide consent