Age of Consent New Jersey

New Jersey does not state a single age of consent anywhere in its criminal code. Liability under N.J.S.A. § 2C:14-2 is assembled from several facts instead: the age of the younger person, the age difference between the two people, and whether the older person stood in a relationship of authority, custody, family, or teaching.

That structure matters, because two cases involving people of the same ages can be graded very differently. New Jersey also has no offense named “rape.” Conduct described with that word is charged as aggravated sexual assault or sexual assault under N.J.S.A. § 2C:14-2, or as criminal sexual contact under N.J.S.A. § 2C:14-3, and the grading follows the statutory subsection rather than the label. If you are trying to apply these provisions to a real situation, the ages of both people, the dates involved, and the relationship between them are what the analysis turns on. Law Offices Of SRIS, P.C. maintains 24/7 phone intake at (888) 437-7747.

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What Subsections a. and b. Cover When the Younger Person Is Under 13

Subsection a. of N.J.S.A. § 2C:14-2 makes sexual penetration aggravated sexual assault where the victim is under 13. The same subsection also reaches a victim who is 13-15 where the actor stands in a specified relationship of authority, so the under-13 line is not the only route into subsection a. Aggravated sexual assault is a crime of the first degree, and paragraph a.(1) carries a term of 25 years to life with 25 years of parole ineligibility.

Subsection b. addresses sexual contact rather than penetration. It applies where the victim is under 13 and the actor is at least four years older. The four-year gap is an element, so the older person’s age is part of what must be proven. An offense under subsection b. is sexual assault, a crime of the second degree.

Read together, the two subsections show why one number cannot describe New Jersey law. Penetration and contact are treated separately, and the age of the older person can decide whether subsection b. applies at all. Contact that falls outside subsection b. may instead be charged under N.J.S.A. § 2C:14-3, which grades aggravated criminal sexual contact as a crime of the third degree and criminal sexual contact as a crime of the fourth degree.

Age Gaps and the Provision for a Victim Who Is 13-15

The four-year gap in subsection b. is the clearest place where both ages appear in the statute, but it is not the only one. Subsection c. of N.J.S.A. § 2C:14-2 lists age-gap relationships among the circumstances that make sexual penetration a sexual assault, alongside custodial, familial, and pupil-teacher relationships. Sexual assault under subsection c. is a crime of the second degree.

Subsection a. treats the 13-15 range differently. There, the age of the younger person is not enough on its own; the provision applies where the actor stands in a specified relationship of authority. Where that relationship exists, the grading moves to aggravated sexual assault, a crime of the first degree. Where it does not, the age gap and the nature of the act carry the weight.

This is the practical answer to what people usually mean when they ask about the age of consent. The statute does not draw one line and stop. It draws several, and both parties’ ages matter in more than one of them. Two people close in age can fall outside subsection b. entirely, while an older person with authority over someone who is 13-15 faces first-degree exposure that the bare age lines would not predict.

Relationships of Authority Extend Liability Past the Age Lines

Subsection c. of N.J.S.A. § 2C:14-2 covers sexual penetration accomplished by coercion or without the victim’s affirmative and freely-given permission, and it separately covers penetration where the parties stand in custodial, familial, age-gap, or pupil-teacher relationships. Those categories work independently of the age thresholds in subsections a. and b., so a person outside the under-13 provisions can still be reached through a custodial, familial, or pupil-teacher relationship.

The language in this area changed. The 2019 amendments (P.L.2019, c.108 and c.474) replaced “physical force or coercion” in several paragraphs with “coercion or without the victim’s affirmative and freely-given permission.” Conduct that predates those amendments is governed by the earlier text, so the date determines which standard applies.

Related conduct is charged elsewhere. N.J.S.A. § 2C:24-4 covers endangering the welfare of a child and child sexual abuse or exploitation material. Under subsection a., it is a crime of the second degree for a person who has a legal duty for the child or who has assumed responsibility for the child, and a crime of the third degree for any other person. That section was amended by P.L.2024, c.92, approved November 18, 2024 and effective immediately, adopting “child sexual abuse or exploitation material” in place of “child pornography.”

Frequently Asked Questions

Is there a single age of consent in New Jersey?

No single provision states one. N.J.S.A. § 2C:14-2 sets out combinations instead: penetration with a victim under 13, contact with a victim under 13 by an actor at least four years older, a victim who is 13-15 where the actor stands in a specified relationship of authority, and the age-gap, custodial, familial, and pupil-teacher relationships in subsection c. Which subsection fits the facts matters more than a number.

Does the age of the older person matter?

Yes. Subsection b. of N.J.S.A. § 2C:14-2 applies only where the actor is at least four years older than a victim under 13, so the older person’s age is an element rather than context. Subsection c. likewise lists age-gap relationships among the circumstances that make penetration a sexual assault. Birth dates and the dates of the alleged conduct therefore carry real weight.

What is the difference between aggravated sexual assault and sexual assault?

Grading and circumstances. Aggravated sexual assault is a crime of the first degree, and paragraph a.(1) of N.J.S.A. § 2C:14-2 carries a term of 25 years to life with 25 years of parole ineligibility. Sexual assault under subsections b. and c. is a crime of the second degree. The difference turns on the victim’s age, the relationship between the parties, and whether the act alleged was penetration or contact.

Does New Jersey have a crime called rape?

No. The New Jersey criminal code contains no offense by that name. Conduct commonly described that way is charged as aggravated sexual assault or sexual assault under N.J.S.A. § 2C:14-2, or as aggravated criminal sexual contact or criminal sexual contact under N.J.S.A. § 2C:14-3. The grading you should look for sits in the statutory subsection rather than in the label.

What is criminal sexual contact under N.J.S.A. 2C:14-3?

It is a separate offense from sexual assault, and it is graded lower. Aggravated criminal sexual contact is a crime of the third degree, and criminal sexual contact is a crime of the fourth degree. Because N.J.S.A. § 2C:14-2 already reaches sexual contact with a victim under 13 by an actor at least four years older, the section under which a contact charge is brought depends on the ages involved.

Does it matter when the conduct happened?

It can. The 2019 amendments (P.L.2019, c.108 and c.474) replaced “physical force or coercion” in several paragraphs of N.J.S.A. § 2C:14-2 with “coercion or without the victim’s affirmative and freely-given permission.” Conduct that predates those amendments is governed by the earlier text. The version of the statute in force at the time is part of the analysis.

What counts as a relationship of authority?

The statute names categories rather than leaving the term open. Subsection a. of N.J.S.A. § 2C:14-2 reaches a victim who is 13-15 where the actor stands in a specified relationship of authority, and subsection c. separately identifies custodial, familial, and pupil-teacher relationships. Those categories extend liability past the bare age lines. A case involving a relative, a guardian, or a teacher is analyzed differently as a result.

Do these provisions apply to a juvenile who is accused?

The same substantive statutes classify the act, and that classification drives the collateral questions. Registration under N.J.S.A. § 2C:7-2 excludes, in subsection b.(4), certain juvenile adjudications under N.J.S.A. § 2C:24-4b.(4) or (5) limited to sexting-type conduct. Expungement under N.J.S.A. § 2C:52-4.1 turns on how the act would be classified if an adult had committed it. Similar-looking facts can therefore end in different places.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He and the firm’s Of Counsel attorneys practice in criminal defense and take New Jersey matters governed by N.J.S.A. § 2C:14-2, N.J.S.A. § 2C:14-3, and N.J.S.A. § 2C:24-4. Because the grading of these offenses depends on ages, dates, relationships, and the version of the statute in force when the conduct is alleged to have occurred, the work starts with documents rather than descriptions. Request a consultation. The firm maintains 24/7 phone intake at (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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