A charge of Luring or Enticing a Child under is one of the most serious and life-altering accusations a person can face in the New Jersey legal system. A conviction carries devastating consequences, including a lengthy state prison sentence, mandatory registration as a sex offender under Megan’s Law, and lifetime parole supervision. If you or a loved one has been arrested or is under investigation for luring in Union County, New Jersey, it is absolutely critical that you do not speak to law enforcement and immediately invoke your right to counsel.

Brett M. Rosen, Esq., he understands the gravity of these charges and the fear they instill. As a seasoned New Jersey criminal defense attorney, Brett M. Rosen provides an aggressive, strategic, and confidential defense for clients facing luring allegations throughout Union County, including in Elizabeth, Linden, Plainfield, Rahway, Westfield, and the surrounding communities. We are committed to protecting your rights, your reputation, and your future.

Contact our office immediately at 908-312-0368 for a free and strictly confidential consultation to discuss your case.

Understanding Luring Charges in New Jersey ($N.J.S.A.2C:13-6$)

The New Jersey statute for Luring or Enticing is specific and complex. The prosecution, led by the Union County Prosecutor’s Office, bears the burden of proving every element of the offense beyond a reasonable doubt.

Under NJSA 2C:13-6, a person is guilty of luring if they are an adult (18 years or older) and attempt, via in-person contact or any form of communication, to lure or entice a child into a motor vehicle, structure, or isolated area. Critically, the state must prove that this was done with the purpose to commit a criminal offense with or against the child.

The key elements the prosecution must prove are:

1. The Defendant: Was an adult (18 or older) at the time of the offense.

2. The “Victim”: Was a “child” (under the age of 18), or the defendant reasonably believed the person was a child. This means that even if the “child” was actually an undercover police officer posing as a minor online, the charge can still apply.

3. The Act: The defendant attempted to lure or entice the child. This can occur through:

   • In-person conversation.

   • Electronic communication, including text messages, social media (Facebook, Instagram, Snapchat), dating apps, or chat rooms.

4. The Location: The defendant intended to lure the child into a motor vehicle, a structure (like a home or building), or an isolated area.

5. The Intent (Purpose): The defendant had the specific purpose of committing a crime with or against that child.

The “purpose” element is often the most critical and heavily contested part of a luring case. Without proof of criminal intent, a conviction should not stand. An experienced defense attorney can meticulously dismantle the state’s evidence regarding your alleged intent.

Severe Penalties for Luring Convictions in Union County

In New Jersey, luring is graded as a second-degree indictable offense (felony). The penalties are not just harsh; they are designed to be life-long. A conviction at the Union County Superior Courthouse in Elizabeth will result in:

• State Prison Sentence: A term of incarceration between 5 and 10 years.

• No Early Release Act (NERA): NERA ($N.J.S.A.2C:43-7.2$) applies to luring convictions. This means you must serve 85% of your total sentence before you are eligible for parole.

• Megan’s Law Registration: A conviction automatically requires you to register as a sex offender under Megan’s Law. This involves registration with local law enforcement, fingerprinting, DNA sampling, and public community notification of your identity, address, and offense.

• Parole Supervision for Life (PSL): Formerly known as Community Supervision for Life (CSL), this requires you to be monitored by a parole officer for the rest of your life. Violating the strict conditions of PSL can result in being sent back to prison.

• Substantial Fines: Financial penalties of up to $150,000.

• Permanent Criminal Record: A felony conviction will permanently impact your ability to find employment, secure housing, obtain professional licenses, and own a firearm.

Strategic Defenses Against Union County Luring Charges

While the allegations are serious, an arrest is not a conviction. A thorough investigation into the facts of your case can reveal powerful defenses. Brett M. Rosen will meticulously analyze the evidence to build the strongest possible defense strategy, which may include:

• Lack of Criminal Purpose: This is the cornerstone of many luring defenses. We can argue that the communication was misunderstood, taken out of context, or that there was no intent whatsoever to commit a crime. Innocent conversations or poor judgment do not automatically equate to criminal purpose.

• Entrapment: Did law enforcement induce you to commit a crime you otherwise would not have committed? If an undercover officer or informant used improper methods to pressure, persuade, or coerce you, an entrapment defense may be viable.

• Mistaken Identity / False Accusation: In the age of anonymous online profiles, social media account hacking, and shared computers, the state may have difficulty proving you were the person behind the screen. We can challenge the digital forensic evidence and investigate the possibility of a false accusation.

• Challenging the “Child” Element: The state must prove you reasonably believed the person you were communicating with was a minor. If their online profile, pictures, or communications indicated they were an adult, this can be a powerful defense.

• Illegal Search and Seizure: How did police obtain the evidence from your phone, computer, or home? If your Fourth Amendment rights were violated through a warrantless search or a faulty warrant, we can file a motion to suppress the evidence, potentially leading to a dismissal of the case.

Frequently Asked Questions (FAQs) About Luring Charges

Q: Should I talk to the police or investigators in Union County if they contact me? A: No. Absolutely not. You have a constitutional right to remain silent and a right to an attorney. Be polite, but state clearly: “I am exercising my right to remain silent, and I will not answer any questions without my lawyer present.” Then, call our office immediately. Anything you say can and will be used against you.

Q: The “child” was actually an undercover police officer. Can I still be charged? A: Yes. New Jersey law focuses on the defendant’s state of mind and intent. If you believed you were communicating with a minor and acted with the purpose of luring them to commit a crime, the fact that it was an officer does not negate the charge. This is a common scenario in online sting operations.

Q: What happens right after an arrest for luring in Union County? A: After an arrest, you will be processed and likely taken to the Essex County Jail. Within 48 hours, you will have a first appearance at Central Judicial Processing (CJP) court, which is held remotely or at the courthouse in Elizabeth. The prosecutor will likely then file a motion for pretrial detention. A critical detention hearing will be held to determine if you will be released pending trial or held in jail. Having an experienced attorney at this hearing is vital.

Q: My case is out of Westfield (or Plainfield, Linden, etc.). Can you help? A: Yes. Brett M. Rosen defends clients throughout Union County and across New Jersey. We have extensive experience handling cases originating from every municipality and litigating them at the Union County Superior Court.

Q: How can you help me right now? A: The most important first step is to schedule a confidential consultation. We will listen to your side of the story without judgment, explain the legal process, and outline the immediate steps we can take to begin building your defense and protecting your rights.

Protect Your Future. Contact a Union County Defense Lawyer Today.

Do not wait for the prosecution to build its case against you. The time to act is now. With your freedom and entire future on the line, you need a defense attorney who will fight tirelessly on your behalf.

Contact Brett M. Rosen, Esq., today to schedule a free, no-obligation consultation. We are here to provide the aggressive legal defense you need and the peace of mind you deserve.

Call 908-312-0368.

Disclaimer: This website provides general information about New Jersey law for informational purposes only. The information presented on this site is not, and is not intended to be, legal advice. The use of this website does not create an attorney-client relationship between you and Brett M. Rosen, Esq. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Past results do not guarantee a similar outcome.