Child predator sting operations have gotten significant media exposure over the years and this has resulted in New Jersey adopting a specific law that targets adults who use the internet to lure children. This legislation is intended to deter the use of the internet to lure or entice a child to a particular location for the purpose of committing a crime by imposing extreme penalties for violators. Those convicted of using the internet to solicit a minor in this manner are subject to a presumptive prison sentence of seven (7) to eight (8) years, whether you are actually a pedophile or not. This is a primary reason why it is of paramount importance that you seek experienced representation from one of the internet luring defense attorneys at our firm immediately.
What Penalties Will I Face If I Am Convicted Of Internet Luring?
It is a second degree crime to use electronic means for the purpose of luring, enticing or soliciting a child. What this means is that you will face a fine of up to $150,000 and state prison term of 5-10 years if you are convicted.
Will I Face More Serious Penalties If I Have A Prior Record?
Yes. The probability and length of your jail term will escalate if you have a prior record. In addition, a mandatory period of parole ineligibility applies if you have a prior record for luring, sexual assault, aggravated sexual assault, aggravated sexual contact or endangering the welfare of a child. This means that you will not only face a jail term as high as 10 years but will have to serve a significant period, usually one-third to one-half of the prison term, before you can even be considered for parole. This is your period of parole ineligibility or mandatory minimum term.
How Does The Prosecutor Prove That I Violated This Law?
The state has the obligation of proving, beyond reasonable doubt that you used electronics, including the internet, to lure or entire a child to a motor vehicle, structure, isolated area, or to meet or appear in a place, with the purpose of committing a crime with or against the child. There are five (5) elements to this violation: (1) use of internet or other electronics; (2) to lure or entire; (3) a child; (4) to a particular location; and (5) to commit a crime with or against the child. If the prosecutor can establish each and every one of these elements, you can be convicted of internet luring.
While prosecutors are universally aggressive when it comes to those accused of internet luring, there are clearly numerous hurdles that must be cleared in order for the state to obtain a conviction. You need to challenge the state in satisfying this burden and a skilled attorney can prove instrumental in this regard. If you would like to learn how we can help you fight an internet luring offense, call our Newark Office directly at 973-710-1520.