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The state of New Jersey takes child luring offenses seriously, with those convicted of charges facing penalties like large fines, addition to a sex offender registry, and incarceration. As NJ luring, enticing, and solicitation defense lawyers, our team at Aiello, Harris, Abate Law Group PC understands the intricacies of these charges and deploys strategies for clearing the name of the accused.
This in-depth guide outlines these criminal charges, the consequences of a conviction, and much more.
According to Section N.J.S.A. 2C:13-6 in the New Jersey Code of Criminal Justice, luring, enticing, and soliciting a child under the age of 18 is a second-degree crime. Perpetrators persuade minors either into an isolated area or a motor vehicle with the intent of committing a criminal offense against them, such as kidnapping or sexual assault.
The state also recognizes it as an internet sex crime and charges those found enticing minors via electronic channels, such as web chats or text messages.
Prosecutors must prove these charges by establishing the following criteria beyond reasonable doubt:
Case Study
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
Conviction of this sex crime comes with harsh consequences for perpetrators, including:
A judge may grant defendants a pretrial release from custody, though mandatory detention prior to a trial stands out as another consequence of the charges.
Multiple convictions for enticing minors lead to harsher penalties. Perpetrators must serve a mandatory minimum prison term greater than one-third of their sentence or three years. For those with a prior conviction of endangering the welfare of a child, sexual assault, or aggravated sexual assault, the mandatory minimum term becomes greater than one-third of the sentence or five years.
NJ luring, enticing, and solicitation defense lawyers assess every possible strategy to help their clients. However, the state’s Pretrial Intervention (PTI) program isn’t available for those charged with luring or enticing minors. Only those facing third- and fourth-degree criminal charges qualify for this program.
After a conviction of luring charges or child solicitation, the offense will remain on your criminal record. You cannot expunge the conviction, which is why it’s critical to clear your name of any wrongdoing. Team up with experienced NJ luring, enticing, and solicitation defense lawyers who can build a compelling case and offer nonjudgmental legal representation.
Knowledgeable attorneys will advocate on your behalf in an attempt to reduce the penalties you face. In some cases, they may be able to avoid a conviction by addressing weaknesses in the prosecution’s case as well as challenging the way law enforcement officers handled the investigation and arrest.
While the state’s solicitation laws carry steep penalties, experienced legal counsel will explore every possible avenue to clear your name. Contact Aiello, Harris, Abate Law Group PC if you’re facing charges quickly.
Our New Jersey sex crime lawyers will dedicate themselves to your case and guide you through the complex litigation process.
Call us at (908) 873-3571, or contact us online for a confidential initial consultation and case evaluation. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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