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A. Statutory Rape - Criminal Offenses
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Engaging in sexual penetration with someone under 16 years of age is illegal, except in cases where the victim is at least 13 years of age and the defendant is less than 4 years older than the victim. Engaging in sexual penetration with someone less than 13 years of age is illegal regardless of the defendant’s age.[507]
Definition of Offenses
Offense Definition Criminal sexual contact[508] Sexual contact[509] with someone at least 13 years of age and less than 16 years of age where the defendant is at least 4 years older than the victim. Sexual assault[510] Sexual contact with someone less than 13 years of age where the defendant is at least 4 years older than the victim. Sexual penetration[511] with someone at least 13 years of age and less than 16 years of age where the defendant is at least 4 years older than the victim.
Aggravated sexual assault[512] Sexual penetration with someone less than 13 years of age.
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B. Child Abuse Reporting Requirements
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1. Inclusion of statutory rape in reporting requirements
Mandated reporters are required to report abuse, including sexual abuse.[513] The statute defines sexual abuse to only include those offenses perpetrated by a child’s parent or caretaker.[514]
2. Mandatory reporters
Any individual who suspects that a child has been the victim of abuse is required to notify the appropriate authorities.[515]
3. Who to report to
All reports of suspected child abuse shall be made immediately, via telephone or otherwise, to the Division of Youth and Family Services.[516]
4. State response
The Division of Youth and Family Services is required to forward all reports of abuse to its Central Registry in Trenton. The Division may request assistance from law enforcement if it deems it necessary to insure the safety of the child.[517]
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