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The Protect Act of 2003

The PROTECT Act of 2003 implements strict provisions to prevent child abuse and prosecute crimes against children. If you have been charged with a sex crime that falls under this act, you may face strict penalties and a particularly challenging defense process. Allow our PROTECT Act of 2003 lawyers to guide you through the legal process and do everything we can to strengthen your case.

At Aiello, Harris, Abate Law Group PC, we have over 300 years of combined experience defending clients against criminal charges in New Jersey. We will help you understand how the PROTECT Act and other related sex crime laws apply to your case and give you peace of mind.

What Is the PROTECT Act of 2003?

The PROTECT Act, a backronym for “Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today,” was passed at the federal level in 2003. This U.S. law was codified to prevent child abuse, improve investigational measures for violent crimes against children, and implement strict prosecuting policies.

The PROTECT Act mainly targets the intentional exploitation of minors, addressing issues such as child sexual assault imagery, sex trafficking, and abduction of children. It gives federal law enforcement greater power to investigate these crimes and mandates strict penalties for convictions.

If you were charged with a sex crime involving a minor, the PROTECT Act may apply to your case.

Case Study

Sexual Assault Charges Dismissed in Somerville, NJ

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.

What Does the PROTECT Act Do?

This federal legislation has a wide range of effects across issues of sexual exploitation and child protection:

  • Mandates life imprisonment for those convicted of sexual offenses against minors who had prior convictions of abuse against minors, in certain cases
  • Allows for wiretapping and communication monitoring in cases involving child abuse
  • Removes statutes of limitations for crimes involving child abuse
  • Prevents pretrial release and interventions for individuals charged with certain offenses involving children
  • Bans the creation of computer-generated child pornography that is indistinguishable from actual photos or footage
  • Maintains the AMBER Alert system and appoints a national coordinator
  • Creates a program to acquire criminal history background checks for volunteer groups
  • Removes waiting periods for law enforcement to investigate reports of missing adults between the ages of 18 and 21

The PROTECT Act may make it easier for the prosecution to acquire evidence against you and impose stricter penalties. You need an experienced legal team to help you improve your case outcomes; our PROTECT Act of 2003 Lawyers can assist.

What Are the Minimum Sentences Under the PROTECT Act of 2003?

This act imposes a few mandatory minimum sentences for sexual crimes:

  • Minimum sentence of five years for possession of child sexual assault material (child pornography)
  • Minimum sentence of 10 years for the distribution of child sexual assault material
  • Minimum sentence of 20 years for non-family member child abduction

It also authorizes imprisonment of up to 30 years for U.S. residents and citizens who participate in illegal sexual conduct in other countries. This would include sexual abuse of a person under 18 or sexual contact with anyone under 16.

Under the PROTECT Act, sex offenders can face lifetime federal supervised release, which would involve continuous monitoring and restrictions after a person’s release from prison. When this legislation passed, it also removed the “aggregation requirement” that limited the net amount of imprisonment a court could set for violations of a person’s supervised release.

What Does the PROTECT Act of 2003 Mean for Your Case?

The federal courts take crimes involving child sexual abuse very seriously. These often lead to much harsher penalties than similar charges involving adults.

If you have been charged with sexual exploitation of a child, child abduction, possession, or distribution of child pornography, or any related Internet crimes, you might be subject to a significant minimum prison term if convicted. Building a strong defense is more crucial than ever if you have decided to plead “not guilty” to your charges.

With the lifetime term of federal supervised release provisions, your conviction may impact your freedom for the rest of your life. Our PROTECT Act of 2003 lawyers will explain all the potential implications of your charges and the different outcomes you might face.

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How Our Attorneys Can Help Persons Charged With Sex Crimes Under the PROTECT Act of 2003 in New Jersey

Being charged with any crime can be highly stressful, but knowing that your charges fall under the strict provisions of the PROTECT Act may be a dismal thought. Remember, you are innocent until proven guilty. Our attorneys want to help you craft a compelling defense that disproves your charges or, if you plead guilty, attempt to secure the minimum possible penalties.

We happily address any questions or concerns and guide you through your next steps. Our PROTECT Act of 2003 lawyers have weekend appointments available and can meet you in jail or at home if necessary.

Call us today at (908) 873-3571 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.

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