This bill amends New Jersey's sexual assault laws to clarify that voluntary incapacitation of an alleged victim does not prevent the prosecution of a defendant for aggravated sexual assault or sexual assault. The bill emphasizes that under New Jersey law, the absence of affirmative and freely-given consent from the victim is sufficient for prosecution, regardless of whether the victim was incapacitated due to voluntary consumption of substances. The bill also updates definitions related to sexual assault, including clarifying terms such as "mentally incapacitated," "physically helpless," and "sexual contact," while removing ambiguous language that could hinder prosecution.

Additionally, the bill introduces new definitions and classifications for sexual assault offenses, specifying circumstances under which aggravated sexual assault and sexual assault occur. It establishes that aggravated sexual assault is a crime of the first degree, while sexual assault is classified as a crime of the second degree, each carrying significant penalties. The changes aim to enhance the clarity and effectiveness of the law in prosecuting sexual assault cases, particularly in light of recent judicial affirmations of the affirmative consent standard in New Jersey.