The offense of sexual assault is set forth at N.J.S.A. 2C:14-2b. Sexual assault is defined as five (5) different forms of conduct. The first type of sexual assault occurs when someone has sexual contact with a child under 13 years old. The other four (4) varieties of sex assault require sexual penetration under one of the following circumstances: (1) use of physical force or coercion without severe personal injury; (2) the accused had supervisory or disciplinary power over the victim (e.g. probation, parole, hospital, prison or other institution); (3) the victim is at least 16 but less than 18 and the actor is related to the victim (3rd degree), has supervisory/disciplinary power over the victim, or is the guardian, head of household or family parent to the victim; or (4) the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
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