Luring Charge in Monmouth County NJ
With the expanding reach of mobile technology and the ability to communicate through email, Twitter, Instagram, Facebook, and Snapchat, charges for luring have become more common in Monmouth County. Law enforcement agencies have been using fictitious email accounts posing as children in hopes of catching individuals they consider sexual predators. Whether you have been accused of luring in the context of an undercover operation of Highlands, Middletown, Colts Neck, Spring Lake, Ocean Township or the Monmouth County Prosecutor’s Office, or were arrested under some other scenario, our law firm is equipped to defend you. We are a team of criminal attorneys, including several former prosecutors, that have been battling complex charges like luring for over 20 years at the Superior Court in Freehold NJ. For help in defending a luring charge, contact Marshall, Bonus, Proetta & Oliver to speak to a skilled defense lawyer. Lawyers are available 24/7 to assist you in our Freehold Office at 732-462-1197 or Red Bank Office at 732-450-8300.
Arrested For Luring A Child In Violation Of N.J.S.A. 2C:13-6
The criminal offense known as “luring” is generally defined as the attempt to lure or entice a child, or one who the offender reasonably believes to be a child, into an area or place, with a purpose to commit a criminal offense with or against the child. Luring a child is a crime of the second degree that carries penalties that include up to 10 years in prison. To convict a person of luring a child, the state must prove, beyond a reasonable doubt, that you:
- Attempted to lure or entice, by electronic or any other means;
- A child;
- Into a motor vehicle, structure or isolated area, or to meet or appear at any place;
- With an intent to commit a criminal offense;
- With or against the person lured or enticed or against any other person.
Some of the terms mentioned above are specifically defined by the New Jersey Legislature, so as to provide uniformity in the prosecution of luring cases. “Child” means a person who is less than 18 years old. “Electronic means” includes telephones, the internet, or any other means utilizing electronic communications. A “structure” for purposes of luring means a 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.
Penalties That Apply To Luring
Luring a child is, as previously stated, a crime of the second degree. Pursuant to the prescribed statutory penalties, an individual convicted of a second degree crime is subject to a prison sentence of 5 to 10 years. In addition, there is a mandatory period of parole ineligibility that attaches for a second or subsequent conviction for luring. The mandatory minimum sentence in this instances is to be set by the sentencing judge at between one-third and one-half (1/2) of the sentence imposed or 1 year, whichever is greater. The penalties also escalate if the defendant has a prior conviction for aggravated sexual assault, sexual assault, aggravated criminal sexual contact or endangering the welfare of a child. A defendant faces a mandatory minimum prison term of three (3) years in this instance.
Freehold NJ Luring Offense Defense Lawyers
Luring is definitely one of those charges that tend to be met with resistance by prosecutors when it comes to any leniency. The thought of making a mistake and erroneously extending a break to someone who could later commit a sex crime against a child is something that gives law enforcement horrors. The only way you are going to succeed in defending this charge is to mount the very best defense available to you. This is precisely what our attorneys are prepared to do for you. Call us if you were arrested and charged with luring a child in Tinton Falls, Wall, Red Bank, Manalapan, Keyport or Howell. One of the Freehold NJ Luring Offense Defense Lawyers at our Monmouth County firm will review the fact of your case and advise you of your best options for escaping a conviction.
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