New Jersey § 2C:40-4 Consent, sanction not available as defense.

New Jersey Statutes

§ 2C:40-4 — Consent, sanction not available as defense.

New Jersey § 2C:40-4

Title 2CTHE NEW JERSEY CODE OF CRIMINAL JUSTICE

This text of New Jersey § 2C:40-4 (Consent, sanction not available as defense.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 2C:40-4 (2026).

Text

2.

a.Notwithstanding any other provision of Title 2C of the New Jersey Statutes to the contrary, consent shall not be available as a defense to a prosecution under section 1 of P.L.1980, c.169 (C.2C:40-3).

b.It shall not be an affirmative defense to a prosecution under section 1 of P.L.1980, c.169 (C.2C:40-3) that the conduct in which the actor engaged was sanctioned or approved by a student or fraternal organization or an institution of higher education. L.1980, c.169, s.2; amended 2021, c.208, s.8.

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2. a. Notwithstanding any other provision of Title 2C of the New Jersey Statutes to the contrary, consent shall not be available as a defense to a prosecution under section 1 of P.L.1980, c.169 (C.2C:40-3). b. It shall not be an affirmative defense to a prosecution under section 1 of P.L.1980, c.169 (C.2C:40-3) that the conduct in which the actor engaged was sanctioned or approved by a student or fraternal organization or an institution of higher education. L.1980, c.169, s.2; amended 2021, c.208, s.8.