Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Criminalizes act of “stealthing”: removing or tampering with a condom during sexual activity without consent of one’s sexual partner.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning consent to certain sexual activity and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A person is guilty of a crime of the third degree if, before or during an act of sexual penetration with another person, the actor knowingly and without the consent of the other person:
a. Removes the condom;
b. Tampers with or damages the condom; or
c. Uses a condom that the actor knows has been tampered with or damaged.
2. This act shall take effect immediately.
STATEMENT
The bill would criminalize the act of “stealthing”: deliberately removing or tampering with a condom, before or during an act of sexual penetration, without the consent of a sexual partner.
Under the bill, it would be a crime of the third degree if, before or during an act of sexual penetration with another person, the actor knowingly and without the consent of the other person:
Removes the condom;
Tampers with or damages the condom; or
Uses a condom that the actor knows has been tampered with or damaged.
A crime of the third degree is generally punishable by a term of three to five years or a fine up to $15,000, or both
This bill is similar to California bill AB1033, which was introduced in that state in February 2017.