Elizabeth, NJ Luring Defense Lawyer

In New Jersey, luring is a crime that involves attempting to entice or lure a child or someone believed 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.

If you are accused of luring, endangering the welfare of a child, criminal sexual contact, or lewdness in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the sexual assault law in New Jersey, as well as some common defenses that may be available to you.

Definition of Luring in New Jersey

In New Jersey, luring or enticing a child is considered a serious crime and is classified as a second-degree crime under N.J.S.A. § 2C:13-6 (a). This law states that a person commits a crime of the second degree if they attempt, via electronic or any other means, to lure or entice a child or one who they reasonably believe 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.

The term “child” is defined as a person less than 18 years old. 

The term “electronic means” includes, but is not limited to, the Internet. 

The term “structure” means any building, room, ship, vessel, or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

In New Jersey, luring or enticing an adult in certain circumstances is a crime of the third-degree under N.J.S.A. § 2C:13-7. A person commits a crime of the third degree luring if he attempts, via electronic or any other means, to lure or entice a person into a motor vehicle, structure or isolated area, or to meet or appear at any place, with a purpose to commit a criminal offense with or against the person lured or enticed or against any other person.

“Electronic means” includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4.

“Structure” shall have the meaning set forth NJSA 2C:13-6.

The Elements of Luring Charge in New Jersey

In order to convict someone of luring, the prosecution must prove the following elements beyond a reasonable doubt:

• The defendant attempted to lure or entice a child or someone believed to be a child. This means that the defendant took some action to try to get the child to go with them or meet them somewhere.
• The defendant did so with a purpose to commit a criminal offense with or against the child. This means that the defendant intended to commit a crime against the child, such as sexual assault or kidnapping.

There are two degrees of luring in New Jersey:

• Second-degree luring: This is the most serious degree of luring and is punishable by up to 10 years in prison. Second-degree luring occurs when the offender attempts to lure a child into a motor vehicle, structure, or isolated area.
• Third-degree luring: This is a less serious degree of luring and is punishable by up to five years in prison. Third-degree luring occurs when the offender attempts to lure a child to meet or appear at any other place.

Penalties for Luring in New Jersey

The penalties for a second-degree crime in New Jersey may include a criminal fine of up to $150,000, and a prison sentence that may range from five to 10 years. However, second-degree luring of a child comes with more stringent and harsh penalties if convicted of a second offense or similar offense.

A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment. The term of imprisonment shall include 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.2C:43-7 (sentenced to prison for life), the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.

A person convicted of an offense under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a (aggravated sexual assault) of N.J.S.2C:14-3 (aggravated criminal sexual contact or criminal sexual contact) or N.J.S.2C:24-4 (Endangering the Welfare of a Child) shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of five years, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.

In addition to prison time, offenders who are convicted of luring may also be subject to:

• Parole supervision for life: This means that the offender will be on parole for the rest of their life and will be subject to strict supervision and restrictions. Parole supervision for life (PSL) is a mandatory sentencing provision in New Jersey for certain sex offenses. It means that individuals convicted of these offenses will be subject to lifelong supervision by a parole officer upon their release from prison. The purpose of PSL is to protect the public from dangerous sex offenders by monitoring their compliance with conditions designed to prevent re-offending.
  • Individuals on PSL must comply with a set of conditions imposed by the New Jersey Parole Board. These conditions may include:
    • Regular meetings with a parole officer: Individuals must meet with their parole officer regularly to discuss their progress and compliance with conditions.
    • Restrictions on travel and employment: Individuals may be restricted from traveling to certain areas or working in certain professions that involve contact with minors.
    • Registration as a sex offender: Individuals must register with the New Jersey Sex Offender Registry and provide their personal information to law enforcement agencies.
    • Participation in sex offender treatment: Individuals may be required to participate in sex offender treatment programs to address their risk of re-offending.
• Registration as a sex offender: This means that the offender will be required to register their name, address, and other information with the state and will be subject to community notification. This is commonly known as Megan’s Law. 
  • In New Jersey, anyone who has been convicted of a sex offense that is classified as a Tier 2 or Tier 3 offense must register under Megan’s Law. Tier 2 offenders are considered to be at a moderate risk of re-offending, while Tier 3 offenders are considered to be at a high risk of re-offending.
  • Violating Megan’s Law is a fourth-degree crime in New Jersey that is punishable by up to 18 months in prison and a fine of up to $10,000.

A person convicted of third-degree luring. N.J.S.A. § 2C:13-7, in New Jersey faces up to five years in prison, as well as a $15,000 fine. A second or subsequent conviction the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7 (sentenced to life in prison), a mandatory minimum term of one-third to one-half of the sentence imposed, or one year, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.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. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.

Defenses to a New Jersey Luring Charge

There are a number of defenses that can be raised to a charge of luring. These defenses include:

• Lack of Intent: The defendant may argue that they did not have the criminal intent to lure or entice a child into a motor vehicle, structure, isolated area, or meeting place with the intention of committing a criminal offense against the child. This defense could involve demonstrating that the defendant’s actions were misinterpreted or that they lacked the necessary knowledge or forethought to intend such harm.
• Entrapment: The defendant may argue that they were entrapped into committing the offense by law enforcement or government agents. Entrapment occurs when law enforcement induces or persuades an otherwise law-abiding person to commit a crime that they would not have otherwise committed.
• Constitutional Violations: The defendant may allege that their constitutional rights were violated during the investigation or arrest, potentially rendering the charges inadmissible. This could involve claims of unreasonable search and seizure, denial of counsel, or coerced confessions.
• Alibi: The defendant may provide an alibi, which is evidence that they were elsewhere at the time of the alleged incident and therefore could not have committed the offense. This defense could involve providing witnesses, corroborating evidence, or other proof of the defendant’s whereabouts.

Frequently Asked Questions (FAQs)

• Question: Can I be charged with luring an adult in New Jersey?
  • Answer: Yes, in New Jersey, luring an adult is considered a criminal offense and is covered under N.J.S.A. 2C:13-17. It can be charged as a third-degree crime, which may result in a sentence of at least 3 years but no more than 5 years in state prison and a fine of up to $15,000. Additionally, if the underlying crime involved a sexual offense, it may also lead to registration as a sex offender under Megan’s Law.

• Question: Is there a statute of limitations for a luring charge in New Jersey?
  • Answer: Yes, In New Jersey, the statute of limitations for most felonies, including luring, is typically 5 years. However, if the luring charge involves a minor, the statute of limitations may extend to 5 years after the victim turns 18 or 2 years after the discovery of the crime by the victim, whichever is later.

• Question: What acts or steps can get a person charged with luring in New Jersey?
  • Answer: In New Jersey, a person can be charged with luring if they attempt to entice or coax someone into a vehicle, structure, or secluded location, or to meet at a certain location, with the intent to commit a criminal offense. The key elements that must be proven for a luring charge include:
    1. Contact with the victim: The offender must have been in contact with the victim.
    2. Intent to lure: The offender’s communications must have been with the intention of luring, enticing, or soliciting the victim.
    3. Enticing to a separate location: The offender must have lured or enticed the victim to a separate location.
    4. Criminal intent: The offender must have done all of this with the intention and purpose of committing crimes with or against the victim.

Top-Tiered New Jersey Luring Defense Lawyer

If you have been charged with luring, endangering the welfare of a child, lewdness, criminal sexual contact, or aggravated criminal sexual contact in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for sexual assault, and we will fight aggressively to protect your rights and interests. Here’s why you should consider hiring Brett M. Rosen for your luring charge in New Jersey:

• Recognition and Experience: Rosen has been recognized as a Rising Star by Super Lawyers for several years in a row, which indicates peer recognition for his criminal defense work. His firm also mentions experience with a wide range of criminal charges.
• Trial Experience: Rosen has experience trying cases in court, including a criminal jury trial win. This experience could be valuable if your case goes to trial.
• Client Focus: Positive reviews online mention Rosen’s focus on client satisfaction.

Contact us today for a free consultation.