Luring is a second degree crime under New Jersey Law. What this means is that you will face anywhere from five (5) to ten (10) years in state prison if you are convicted of luring a child under N.J.S.A. 2C:13-6. As if this were not enough to convince you that immediate action needs to be undertaken to defend yourself, perhaps the fact that a conviction will trigger application of Megan’s Law and the possibility of being a registered sex offender for the rest of your life. The Law Offices of Marshall, Bonus, Proetta & Oliver has been representing clients charged with sexual assault, criminal sexual contact, possession of child pornography and aggravated sexual assault for over fifteen years. If you have been charged with any of the aforementioned criminal offenses in towns like Livingston, Millburn, South Orange, Bloomfield, Belleville or West Orange, we can help. Call the former prosecutors at our firm now at 973-710-1520 for the skilled guidance you need.
Luring Charges in Essex County NJ?
In accordance with N.J.S.A. 2C:13-6, it is a second degree crime to lure or entice a child into a motor vehicle, structure, isolated area or to meet or appear at any other place with a purpose to commit a criminal offense with or against the child. A sub category of this offense is luring on the internet. The following are the important aspects of this law that you probably want to know:
Attempt to Lure. In terms of a luring charge, the conduct necessary to trigger a conviction is less than would otherwise apply for attempting a crime. Whereas an individual usually must take a “substantial step” toward the commission of a crime in order to be exposed to a conviction for attempt to commit the offense, all that is required in the case of luring is any effort whatsoever to try to lure/entice.
Purpose To Commit a Crime. As stated previously, the accused must have the purpose to commit a crime when he/she attempts to lure or entire a child somewhere. Since a disorderly persons offense is not considered a crime in NJ, an individual cannot be convicted of luring if his/her intention to harassment, commit a simple assault or another non-indictable charge (i.e. something other than a first, second, third or fourth degree crime).
Material Elements Of This Offense. Luring has three (3) elements that must be established in order to obtain a conviction. First, the target of the conduct must be a child, that is, someone under eighteen )18) years of age. Second, the defendant must engage in some form of behavior to lure or entice the child into a motor vehicle structure or isolated area. Third, the accused must have the purpose to commit a crime with or against the child.
Penalties. As a second degree crime, luring carries a prison term, as stated, of up to ten (10) years. The maximum fine is $150,000. If the conviction is for a second or subsequent incident of luring the penalties are, however, enhanced. In this regard, a mandatory minimum period of incarceration, also referred to as a period of parole ineligibility, applies if the defendant is a repeat offender. The term of imprisonment must include a mandatory minimum term of one-third to one-half of the sentence imposed. A mandatory minimum term/period of parole ineligibility also applies if the accused has a prior conviction for sexual assault, aggravated sexual assault, aggravated sexual contact or endangering the welfare of a child.
Luring Defense Attorneys in Essex County NJ
A luring case can be very complex, especially when there are allegations that the accused is a sexual predator. Don’t expose yourself to needless risk by taking this charge lightly and delaying in protecting yourself. An experienced attorney is available now for a free consultation.