New Jersey Statutes 2C:14-9.1. Sexual extortion, crime, parameters
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the second degree | between 5 and 10 years | up to $150,000 |
| crime of the third degree | between 3 and 5 years | up to $15,000 |
Terms Used In New Jersey Statutes 2C:14-9.1
- Actor: means a person accused of an offense proscribed under this act. See New Jersey Statutes 2C:14-1
- Conviction: A judgement of guilt against a criminal defendant.
- Intimate parts: means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. See New Jersey Statutes 2C:14-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Sexual contact: means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. See New Jersey Statutes 2C:14-1
- Sexual penetration: means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction. See New Jersey Statutes 2C:14-1
- Victim: means a person alleging to have been subjected to offenses proscribed by this act. See New Jersey Statutes 2C:14-1
a. with the purpose to coerce another person to: engage in sexual contact, sexual penetration, or simulated sexual contact or sexual penetration, expose their intimate parts, or produce, photograph, film, videotape, record, or otherwise reproduce in any manner any image, video, or other recording of any individual’s intimate parts or any individual engaged in sexual contact, sexual penetration, or simulated sexual contact or sexual penetration, the actor communicates by any means a threat:
(1) to the person, property, or reputation of the victim or any other person; or
(2) to disclose an image, video, or other recording of the victim or any other person engaged in sexual contact, sexual penetration, simulated sexual contact or penetration, or of the victim’s or any other person’s intimate parts; or
b. the actor knowingly causes another person to engage in sexual contact, sexual penetration, or, simulated sexual contact or penetration, or expose their intimate parts, or produce, photograph, film, videotape, record, or otherwise reproduce in any manner, any image, video, or other recording of any individual’s intimate parts or any individual engaged in sexual contact, sexual penetration, or simulated sexual contact or penetration; by communicating by any means a threat:
(1) to the person, property, or reputation of the victim or any other person; or
(2) to disclose an image, video, or other recording of the victim or any other person engaged in sexual contact, sexual penetration, simulated sexual contact or sexual penetration, or of the victim’s or any other person’s intimate parts.
Sexual extortion is a crime of the third degree.
c. An actor is guilty of aggravated sexual extortion if the actor commits an act of sexual extortion pursuant to subsection a. or b. of this section with purpose to coerce, or knowingly cause, a child under the age of 18 years or an adult with a developmental disability to:
(1) engage in sexual contact, sexual penetration, or simulated sexual contact or penetration;
(2) expose their intimate parts; or
(3) produce, photograph, film, videotape, record, or otherwise reproduce in any manner, any image, video, or other recording of any individual’s intimate parts or any individual engaged in sexual contact, sexual penetration, or simulated sexual contact or sexual penetration.
Aggravated sexual extortion is crime of the second degree.
d. For purposes of this section:
“Developmental disability” has the definition set forth in section 3 of P.L.1977, c.82 (C. 30:6D-3).
“Disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means.
“Intimate parts” has the definition set forth in N.J.S. 2C:14-1
“Sexual contact” means sexual contact as defined in N.J.S. 2C:14-1
“Sexual penetration” has the definition set forth in N.J.S. 2C:14-1
e. Nothing contained in this section shall be construed to preclude or limit a prosecution or conviction of any person for aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, invasion of privacy pursuant to section 1 of P.L.2003, c.206 (C. 2C:14-9), theft by extortion pursuant to N.J.S.2C:20-5, or any other offense.
L.2023, c.45.