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PaperclipPerfector  3mo ago (text post)   2940 thread views

Friday Fun Thread for August 22, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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I guess my sense of US sentencing practices has been skewed by reading too many cases that feature offenders with voluminous criminal histories. Still, in New Jersey, aggravated sexual assault (sexual penetration (of any orifice) during the commission of aggravated assault (purposeful infliction of significant bodily injury)) carries a sentence of 10–20 years—a bit harsher than the 0–20 years that Pennsylvania prescribes for involuntary deviate sexual intercourse (deviate sexual intercourse by forcible compulsion).

The issue here is that it's not aggravated assault. New Jersey, like most other states, defines serious bodily injury as

"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

While the injuries in the above case were serious by any casual definition, they don't meet the high bar required to upgrade the charge.

I said significant bodily injury, not serious bodily injury. Purposeful infliction of significant bodily injury still is aggravated assault in New Jersey, though a lower degree.

b. Aggravated assault. A person is guilty of aggravated assault if the person:

(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury.

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury.

Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; and under paragraphs (2), (7), (9), and (10) of subsection b. of this section is a crime of the third degree.

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