Newton Luring Defense Attorneys
Defending Charges for Luring or Enticing a Minor in Sussex and Warren County, NJ
Luring is the act of enticing or attracting someone or something to come to a certain place or do a particular thing by using the tactic of deception to coax someone with promises and incentives, particularly a child, into meeting or accompanying a stranger. This can be done through online social media or messaging apps. It is considered dangerous and illegal.
Luring is a sex crime in New Jersey and carries mandatory jail time if charged as a second-degree offense, and the perpetrator is required to register as a sex offender. New Jersey’s Megan’s Law takes a hard line against sex offenders.
Sex crimes take many different forms in New Jersey, and if you are facing criminal charges due to the allegation of perpetrating a sex crime in Sussex or Warren County, the defense team at our criminal law firm is ready to fight for you. Whether you are facing charges for sexual assault, lewdness, endangering the welfare of a child, luring, enticing, or solicitation, our experienced sex crimes defense lawyers are always available to discuss your case and begin preparing your defense. We have decades of experience in the forum of criminal defense and have successfully defended clients accused of criminal sexual acts in Superior Courts across New Jersey. We serve clients in Franklin, Vernon, Hopatcong, Belvidere, Newton, Sparta, Phillipsburg, and other Sussex County and Warren County areas. Do not hesitate to contact us at 973-755-1695 to receive a free consultation and discuss your case anytime.
Luring / Enticing Law – N.J.S.A. 2C:13-6
Luring, enticing, and solicitation charges are set forth in N.J.S.A. 2C:13-6, which states that a person commits a crime of the second degree if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child. Although the statutory language does not specifically require that the luring relate to an attempt of sexual conduct, New Jersey’s sex offender registration law, known as Megan’s Law, considers luring to be a sex crime, and anyone convicted of luring will be required to register as a sex offender.
Essential Elements of a Luring Offense in New Jersey
The enticement is needed to prove that luring took place. If the victim followed you willingly, that is not an enticement. Location is another element. Proposing to meet a child in a car, building, or isolated area to commit a criminal offense is luring. The intent is important, too. The offender must intend to commit a criminal or unlawful act with the victim, such as sexual abuse, kidnapping, or human trafficking.
Tighter Penalties for Repeat Offenders
The penalties for luring or enticing impose potential mandatory terms of imprisonment. As with all second degree crimes, the potential period of incarceration for luring is five to ten years however, the criminal code sets forth mandatory minimum prison time for luring at N.J.S.A. 2C:13-6(d): “a person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.A. 2C:43-7, a mandatory minimum term of one-third to one-half of the sentence imposed, or three years, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.A. 2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater.”
Is Pre-Trial Intervention an Option for a 2nd Degree Luring a Minor Crime?
Possible Defense Options in Enticing a Child Cases in NJ
A lack of intent is a possible defense. It can be argued that the accused did not intend to lure the victim, and their actions were neither malicious nor criminal in nature. A false accusation can also be offered to prove innocence. If the incident did not take place, there could be no charge. If there is insufficient evidence on the prosecutor’s part, an acquittal is a probability. The defense can argue that their client was entrapped by law enforcement when they were induced or persuaded to commit a crime they would not have otherwise committed.
Differences Between the Penalties for Luring a Minor vs. an Adult in New Jersey
Using the internet or other electronic means such as online dating sites, Snapchat, or Instagram to lure someone to a particular place motivated by the intention to commit a crime is a third-degree crime which could mean up 3 to 5 years in prison and a $15,000 fine. The perpetrator must register on the sex offender’s list. The potential mandatory sentence may be augmented if there is more than one charge.
Charges of luring against a minor are a 2nd-degree crime carrying a mandatory 5 to 10-year sentence, an obligation to file as a sex offender, and a possible fine of up to $150,000. In other words, offenses against children are classified as a higher degree of severity and thus, punished much more severely in New Jersey.
Contact a Lopatcong Luring Offense Lawyer on our Defense Team
In all, the potential penalties for luring or enticing include prison time, fines, sex offender registration, and community supervision for life – consequences that can impact you for the rest of your life. Thus, if you are charged with luring, enticing, or solicitation in Hackettstown, Hopatcong, Frankford, Wantage, Andover, Allamuchy, or elsewhere in Sussex or Warren County, New Jersey, the stakes are high, and you should contact us if you are interested in challenging the state’s case against you in all ways possible to avoid the massive ramifications. Our experienced team of sex crime defense lawyers is always available to provide a consultation free of charge. Call 973-755-1695 today.