New JerseyVoluntary intoxication would not bar sexual assault prosecutions
New Jersey would remove wording that links mental incapacity to unknowingly or unwillingly taking substances, clarifying that voluntary use does not block sexual assault charges.
What it does
Choosing to drink or use drugs would not bar sexual assault charges when a person becomes unable to understand or control their conduct. The change would clarify the law's definition of mental incapacity.
Argument forRemoving the disputed wording could reduce confusion about pursuing sexual assault cases when victims chose to drink or use drugs.
Argument againstThe broader wording could leave defendants and juries with harder questions about when voluntary intoxication counts as being unable to understand or control conduct.
More detail
The bill would remove wording that ties drug- or alcohol-related mental incapacity to substances taken without the person's knowledge or consent. The definition covers people temporarily unable to understand or control their conduct because of alcohol, drugs, or other substances. For the aggravated sexual assault provision, the accused must have known or should have known about the person's condition. The change would take effect immediately upon enactment.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Oct 22Reported out of Assembly Committee, 2nd ReadingLatest
- Oct 15Introduced, Referred to Assembly Higher Education CommitteeIntroduced
Criminal JusticePublic Safety