Here's the NJ Criminal Code, I'll follow it with a short summary:
"2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1)The victim is less than 13 years old;
(2)The victim is at least 13 but less than 16 years old; and
(a)The actor is related to the victim by blood or affinity to the third degree, or
(b)The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or
(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(3)The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
(4)The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5)The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
(6)The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7)The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.
Aggravated sexual assault is a crime of the first degree.
b.An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.
c.An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1)The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
(2)The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;
***(3)The victim is at least 16 but less than 18 years old and:
(a)The actor is related to the victim by blood or affinity to the third degree; or
(b)The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(4)The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.***
Sexual assault is a crime of the second degree.
L.1978, c.95; amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004, c.130, s.13."
I put the specific part you are concerned with between sets of ***. The law does not specifically say that a person can legally have sex at 16, but what it does is provide a penalty for anyone having sex with someone under 16. It also provides penalties for having sex with someone who is 16-18, but only under the specific circumstances. So, unless the older person is related to, in charge of, or in a position of authority over the 16 year old, then the law does not provide a penalty for the act.
That's how the law works. It doesn't tell you what you can do, just what you can't. If it's not listed as illegal, then it is by default, legal.
2006-09-02 16:57:15
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answer #1
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answered by RJ 4
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New Jersey Age Of Consent
2016-12-11 04:15:06
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answer #2
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answered by ? 4
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Age Of Consent In Nj
2016-09-30 06:48:26
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answer #3
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answered by ? 4
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1) Age of consent only refers to the ability to get married without parental consent. It has nothing to do with consenting to sexual penetration. For example, age of consent in WA state is 18, but having sex with anyone under 21 is still illegal. Go figure. 2) 2C:14-2 Sexual assault. c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances: (4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim. Your 19yo friend could be convicted of sexual assault,
2016-03-26 21:57:11
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answer #4
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answered by Anonymous
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answer #8
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answered by Anonymous
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