Code · New Jersey · Title 2C — The New Jersey Code of Criminal Justice · Chapter 14

2C:14-5. Provisions generally applicable to Chapter 14

105 words·~1 min read·/nj/title-2c/chapter-14/2c-14-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter.

b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim.

c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.

L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.