Bill Stiffening Sexual Assault Charges Advances

A bill championed by Assemblywoman Nancy Muñoz, R-21, that would increase punishment for those found guilty of committing sexual assault on children under the age of 13 may soon come to a vote.

Assemblywoman Muñoz  has been working for passage of the bill, known as the “Jessica Lunsford Act” since she joined the Assembly following the death of her husband, Eric Muñoz, in 2009. The bill would make such crimes a first degree crime, punishable by a minimum of 25 years in prison, with up to life imprisonment possible.

The bill, A-2027, moved out of committee Thursday, and could be posted for a vote by the full Assembly.

The movement on the bill comes on the heel of charges filed against Watchung resident .

He also faces charges of sexual assault against a minor between 11 and 12 years of age, currently a second degree crime, punishable by up to 10 years in prison. 

"I am grateful to Speaker Oliver, Assemblyman Barnes and the members of the Assembly Judiciary Committee for their votes to release the Jessica Lunsford Act from committee," Assemblywoman Muñoz  said. "I am hopeful that after seven years this legislation will now be posted for a vote before the members of the General Assembly. 

"I believe the time is now to pass this bill," she added. "We have a moral and legal obligation to protect our children and stop the revolving door that pedophiles have been using to repeatedly gain access to our children."  

The legislation was initially sponsored by Assemblyman Eric Muñoz in 2005 and has received committee approvals in the three prior legislative sessions, but was never posted for a vote in the General Assembly. After Assemblyman Muñoz passed away in March 2009, he was succeeded by his wife, Nancy F. Muñoz, who has been the primary sponsor of the legislation ever since, including the current bill.

“New Jersey’s children need to be protected from pedophiles who prey on innocent victims,” Assemblywoman Muñoz said. “The overwhelming bipartisan support for this legislation shows that our state will protect and defend its citizens, especially children. My husband was intent on passing this important legislation and I am proud to continue the effort. The support and perseverance of all the sponsors is testimony to the importance of the Jessica Lunsford Act. I hope that Speaker Oliver will post this bill for a vote as soon as possible.”

The legislation currently has 41 Assembly sponsors.

This bill is similar to Florida’s “Jessica Lunsford Act.” Jessica Lunsford was a nine-year-old Florida resident, who was kidnapped, raped, and murdered by a registered sex offender, John Couey. Couey received the death penalty in August 2007, but died in federal prison in September 2009.  

Eric Muñoz introduced the original bill after learning the details of Jessica Lunsford's death and he invited Mr. Lunsford to New Jersey in 2005 to advocate for the legislation. Assemblywoman Muñoz met with Mr. Lunsford in New Jersey in March 2011 and June 2012 to again speak about his support for the "Jessica Lunsford Act."