Frix
Try Donna

Consent, sanction not available as defense.

New JerseyStatutes

Ask Donna

How this section applies to your facts.

NJ Code › Title 2C › Chapter 40 › Section 40-4

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Consent, sanction not available as defense. · N.J. Stat. § 2C:40-4 | Frix