(TRENTON) – The Assembly on Thursday approved legislation sponsored by
Speaker Pro Tempore Jerry Green (D- Middlesex/Somerset/Union)
that would impose a
mandatory prison time of 25 years to life for those convicted of sexually
abusing children under the age of 13.
The
bill is modeled after Florida’s “Jessica Lunsford Act,” named after a
nine-year-old Florida resident who was kidnapped, raped and murdered by a
registered sex offender in 2005.
“Right
now, an individual convicted of abusing a child younger than 13 could face
anywhere from 10 to 20 years in prison. This bill would upgrade the punishment
to a mandatory 25 years before parole could even be considered. Given the
heinous nature of the crime, they deserve nothing less,” said Green. “The fate
that these children endured is an affront to human decency and a fate that no
one deserves. We must do everything in our power to protect our children from
sexual predators.”
The bill (A-2027) would
impose mandatory terms of imprisonment for individuals convicted of aggravated
sexual assault against a child under the age of 13. Under the bill, the
individual would be sentenced to a specific term of years fixed by the
court. The term would be between 25 years and life imprisonment. The person
shall serve 25 years before being eligible for parole. However, if there is a
longer term of parole ineligibility provided by law, the person would be
sentenced to the longer term.
The bill would allow
for a negotiated reduction of the mandatory term under certain circumstances.
Under the bill, the prosecutor, in consideration of the interests of the victim,
can offer a negotiated plea agreement in which the defendant would be sentenced
to a specific term of imprisonment of not less than 15 years, during which the
defendant shall not be eligible for parole. The court may accept the negotiated
plea agreement and impose the term of imprisonment and period of parole
ineligibility as provided for in the plea agreement. The court may not impose a
lesser term of imprisonment or parole or a lesser period of parole ineligibility
than that expressly provided in the plea agreement. The bill requires the
Attorney General to develop guidelines to ensure discretion when determining a
negotiated reduction in the term of imprisonment and period of parole
ineligibility.
Under
current law, aggravated sexual assault is a crime of the first degree, if the
perpetrator commits an act of sexual penetration with a victim under the age of
13. A crime of the first degree is ordinarily punishable by a term of
imprisonment of 10 to 20 years, a fine of up to $200,000 or both.
The
bill would take effect immediately.
The
bill was approved 77-0 by the Assembly and now awaits further consideration by
the Senate.
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