An Act concerning penalties for murder and sexual assault and amending N.J.S.2C:11-3 and N.J.S.2C:14-2.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:11-3 is amended to read as follows:

2C:11-3. Murder.

a. Except as provided in N.J.S.2C:11-4, criminal homicide constitutes murder when:

(1) The actor purposely causes death or serious bodily injury resulting in death; or

(2) The actor knowingly causes death or serious bodily injury resulting in death; or

(3) It is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2), and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and

(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and

(c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and

(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

b. (1) Murder is a crime of the first degree but a person convicted of murder shall be sentenced, except as provided in paragraphs (2), (3) and (4) of this subsection, by the court to a term of [30] 35 years, during which the person shall not be eligible for parole, or be sentenced to a specific term of years which shall be between [30] 35 years and life imprisonment of which the person shall serve [30] 35 years before being eligible for parole.

(2) If the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced by the court to a term of life imprisonment, during which the person shall not be eligible for parole.

(3) A person convicted of murder shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed under all of the following circumstances:

(a) The victim is less than [14] 16 years old; and

(b) The act is committed in the course of the commission, whether alone or with one or more persons, of a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3.

(4) Any person convicted under subsection a.(1) or (2) who committed the homicidal act by his own conduct; or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value; or who, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the offense, or, if the murder occurred during the commission of the crime of terrorism, any person who committed the crime of terrorism, shall be sentenced by the court to life imprisonment without eligibility for parole, which sentence shall be served in a maximum security prison, if a jury finds beyond a reasonable doubt that any of the following aggravating factors exist:

(a) The defendant has been convicted, at any time, of another murder. For purposes of this section, a conviction shall be deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal;

(b) In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim;

(c) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;

(d) The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value;

(e) The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value;

(f) The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;

(g) The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking or the crime of contempt in violation of subsection b. of N.J.S.2C:29-9;

(h) The defendant murdered a public servant, as defined in N.J.S.2C:27-1, while the victim was engaged in the performance of his official duties, or because of the victim's status as a public servant;

(i) The defendant: (i) as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, committed, commanded or by threat or promise solicited the commission of the murder or (ii) committed the murder at the direction of a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 in furtherance of a conspiracy enumerated in N.J.S.2C:35-3;

(j) The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2;

(k) The victim was less than [14] 16 years old; or

(l) The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2).

(5) A juvenile who has been tried as an adult and convicted of murder shall be sentenced pursuant to paragraph (1), (2) or (3) of this subsection.

c. (Deleted by amendment, P.L.2007, c.204).

d. (Deleted by amendment, P.L.2007, c.204).

e. (Deleted by amendment, P.L.2007, c.204).

f. (Deleted by amendment, P.L.2007, c.204).

g. (Deleted by amendment, P.L.2007, c.204).

h. (Deleted by amendment, P.L.2007, c.204).

i. For purposes of this section the term "homicidal act" shall mean conduct that causes death or serious bodily injury resulting in death.

j. In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide shall be permitted.

(cf: P.L.2007, c.204, s.1)

2. N.J.S.2C:14-2 is amended to read as follows:

2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

Notwithstanding the provisions of any other law, a person convicted under paragraph (1) or (2) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 30 years and life imprisonment. A person convicted under paragraph (3), (4), (5) or (6) where the victim was less than 16 years old shall be sentenced to a specific term of years which shall be between 25 years and life imprisonment. A person convicted under paragraph (7) where the victim was less than 16 years old shall be sentenced to a specific term of years which shall be between 25 years and life imprisonment.

b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

(a) The actor is related to the victim by blood or affinity to the third degree; or

(b) The actor has supervisory or disciplinary power of any nature or in any capacity over 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.

Sexual assault is a crime of the second degree. If the victim of an offense committed pursuant to paragraph (1) of this subsection is less than 16 years old, sexual assault is a crime of the first degree and, notwithstanding the provisions of any other law, the person convicted of such an offense shall be sentenced to a specific term of years which shall be an offense shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment. If the victim of an offense committed pursuant to paragraph (2) of this subsection is less than 16 years old, sexual assault is a crime of the first degree and, notwithstanding the provisions of any other law, the person convicted of such an offense shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 30 years and life imprisonment.

(cf: P.L.2004, c.130, s.13)

3. This act shall take effect immediately.

STATEMENT

This bill imposes severe penalties on sex offenders who prey on children.

The bill imposes a penalty of 30 years to life imprisonment for the following crimes of aggravated sexual assault:

� an act of sexual penetration under N.J.S.2C:14-2a.(1) if the victim is less than 13 years old;

� an act of sexual penetration under N.J.S.2C:14-2a.(2) if the victim is at least 13 but less than 16, and defendant is either related to the victim by blood or affinity to the third degree, has supervisory or disciplinary power over the victim, or is a foster parent or guardian or stands in loco parentis in the household;

� an act of sexual penetration under N.J.S.2C:14-2a.(7), committed when the victim is one whom the defendant knew or should have known was physically helpless or mentally incapacitated, if the victim is less than 16.

The bill imposes a penalty of 25 years to life imprisonment for the following crimes of aggravated sexual assault:

� an act of sexual penetration under N.J.S.2C:14-2a.(3), committed during the commission of certain other crimes, if the victim is less than 16;

� an act of sexual penetration under N.J.S.2C:14-2a.(4), committed when defendant is armed with weapon and threatens to use it, if the victim is less than 16;

� an act of sexual penetration under N.J.S.2C:14-2a.(5), committed when defendant is aided or abetted by another person and uses physical force or coercion, if the victim is less than 16;

� an act of sexual penetration under N.J.S.2C:14-2a.(6), committed when the defendant uses physical force or coercion and the victim sustains severe personal injury, if the victim is less than 16.

In addition, the bill imposes a penalty of 25 years to life imprisonment for an act of sexual penetration under N.J.S.2C:14-2b.(1) committed with physical force or coercion, but where the victim does not sustain severe personal injury, if the victim is less than 16 years old.

The bill imposes a penalty of 30 years to life imprisonment for an act of sexual penetration under N.J.S.2C:14-2b.(2) if the victim is on probation or parole or detained in a hospital, prison or other institution, and the defendant has supervisory or disciplinary power over the victim, if the victim is less than 16 years old.

The bill also revises the murder statute to require life imprisonment of persons who murder children under the age of 16 in the course of commission of a sex offense, if those defendants are not otherwise sentenced to death, and to make the murder of a child under the age of 16 an aggravating factor in sentencing. Current law specifies age 14 for both of these provisions.

Finally, the bill increases from 30 years to 35 years the minimum term which a person convicted of murder who is not sentenced to death is required to serve in prison before eligibility for parole.