This bill amends New Jersey's sexual assault laws to clarify that any act of sexual penetration committed without the victim's consent constitutes sexual assault. It introduces a new definition of "consent," which is described as a "freely given, knowledgeable, and informed agreement." The bill modifies existing language to ensure that sexual penetration is classified as sexual assault if it occurs without the victim's consent, in addition to the current requirement of the victim's affirmative and freely-given permission.
Furthermore, the bill expands the criteria for aggravated sexual assault to include acts committed without the victim's consent, aligning it with the existing provisions that require the absence of affirmative permission. This change emphasizes the importance of consent in sexual offenses and aims to strengthen legal protections for victims. Aggravated sexual assault remains classified as a crime of the first degree, while sexual assault is classified as a crime of the second degree, with corresponding penalties for each classification.