The Union County Prosecutor’s Office has confirmed that Roselle Park resident Nestor Saavedra pleaded guilty this past Wednesday – January 24th – to fourth-degree criminal sexual contact. Mr. Saavedra’s recommended sentence will be probation with no jail time and he is to have no contact with the victim. He will be required to relinquish his teaching credentials and have to register under New Jersey’s Megan’s Law.
Mr. Saavedra was arrested on November 16th of last year and charged with third-degree endangering the welfare of a child and fourth-degree criminal sexual contact. According to Union County Assistant Prosecutor Meghan Tomlinson, an investigation led by Roselle Park Police Detective John Deegan revealed that Mr. Saavedra was tutoring the victim in his Roselle Park home when the sexual contact occurred.
Sentencing has been scheduled for Friday, March 9th.
Under New Jersey law, criminal sexual contact in the fourth degree is NJSA 2C:14-3b
- An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through (4).Criminal sexual contact is a crime of the fourth degree.
NJSA 2C:14-2c reads:
- 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:
- The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
- 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;
- The victim is at least 16 but less than 18 years old and:
- The actor is related to the victim by blood or affinity to the third degree; or
- The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
- The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
- The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
A conviction of fourth-degree criminal sexual contact carries a possible maximum jail sentence of 18 months in New Jersey state prison.