Kenneth Vercammen Law Office.732-572-0500. Edison, NJ.
September 19, 2011
STATE OF NEW JERSEY VS. ERIC CLEMENTE RANGEL A-2051-09T3
N.J.S.A. 2C:14-2(a) elevates the offense of sexual assault to first-degree aggravated sexual assault if
an act of sexual penetration of another person is committed under any one of the following circumstances: . . . (3) [t]he act is committed during the commission, or attempted commission . . . of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape ....
We construe the phrase "of another," which modifies "aggravated assault" in section (3), to mean aggravated assault of a third person, such as a spouse or child, committed for the purpose of compelling the submission of the sexual assault victim, and not an aggravated assault on the sexual assault victim, which is covered in another section of the statute. 8-22-11