Middlesex County Sex Crimes Attorneys

What is a Middlesex County Sex Crime?

The terms “sex crime” and “sex offense” refer to criminal acts that involve some form of sexual gratification, whether to the perpetrator or a third party. In many instances, sex charges also involve force, coercion or some other circumstance supporting a lack of consent by the victim for these activities. However, every sex crime doesn’t involve physical contact between the defendant and the victim, or physical injury to the victim. These are some examples of sex offenses recognized under New Jersey Law:

• Lewdness – engaging in sexual acts, masturbation, or nudity in public
• Prostitution – performing sexual favors in exchange for money or offering to perform them in exchange for money
• Distribution of Child Pornography – conveying or selling images or videos that depict minors in sexual situations, participating in a file sharing network for child pornography, or posting or sharing these types of materials online
• Luring (or Enticing in Minor) – attempting to or actually meeting a minor in hopes of having sexual relations
• Possession of Child Pornography – possessing images or video content depicting minors in sexual situations
• Criminal Sexual Contact – intentionally touching intimate areas of the victim’s body without the victim’s consent
• Aggravated Criminal Sexual Contact – touching the intimate body parts of a victim during the course of another crime, such as robbery, burglary, or kidnapping, among others
• Endangering the Welfare of a Child – this offense can include many forms of abuse and neglect of minors, including inappropriate touching of minors and possession of child exploitative materials
• Statutory Rape – sexual intercourse between an adult and a child who is above or near the age of consent
• Sexual Assault – forced sexual intercourse (a.k.a. rape) or criminal sexual contact with a child under the age of 13
• Aggravated Sexual Assault – forced sexual intercourse where the victim is below the age of 13, or where the victim is between the ages of 13 or 16 and the defendant was a family member of the victim or was in a position of authority over the victim because of the defendant’s profession
• Failure to Register as a Sex Offender
• Human Trafficking

The penalties you can face for sex crimes in Middlesex County vary greatly from one crime to another. For example, lewdness can be a disorderly persons offense, also known as a misdemeanor, that is handled in municipal court. At the other extreme are first degree crimes like Aggravated Sexual Assault, Production or Manufacturing of Child Pornography, or Distributing more than 1,000 images of Child Pornography. These types of sex crime charges can only be heard at the Superior Court in New Brunswick and involve exposure to prison terms of more than a decade. There are a slew of other penalties falling within the second and third crime range such as luring a minor and endangering the welfare of a child based on sexual conduct.

Penalties If You Are Convicted For a Sex Offense in Middlesex County

The penalties that you will face for a Middlesex County sex crime hinge on the degree of the offense and other circumstances. The following is a breakdown of the grading of these types of criminal charges:

First Degree Crime

• Aggravated Sexual Assault
• Distribution of 1,000 or more Images of Child Pornography
• Manufacturing or Producing Child Pornography
• Promoting a Child to Engage in Production of Child Pornography

Second Degree Crime

• Sexual Assault
• Distribution of Child Pornography
• Participating in a File Sharing Network Involving Child Pornography
• Endangering the Welfare of a Child By Engaging in Sexual Acts
• Human Trafficking
• Luring a Minor
• Statutory Rape

Third Degree Crime

• Aggravated Criminal Sexual Contact
• Possession of Child Pornography
• Failure to Register

Fourth Degree Crime

• Criminal Sexual Contact
• Engaging in Prostitution
• Lewdness Where The Conduct Is Likely To Be Seen By Someone Under 13

Disorderly Persons Offense

• Lewdness
• Soliciting a Prostitute

Sentencing Penalties for a Middlesex County Sex Crime

The standard penalties for a first degree crime are 10-20 years in prison and a fine of up to $200,000. You will also have to register as a sex offender and comply with the community notification requirements of Megans Law, as well as be subject to Parole Supervision for Life, commonly referred to as PSL. You should also know that where a first degree sex crime involves the sexual molestation of a minor who is under the age of 13, the prison term is enhanced to 25 years to life in state prison.

A second degree crime for a Middlesex County sex charge such as luring carries 5-10 years in prison and exposes you to fine that can reach $150,000. PSL and Megan’s Law also apply in almost all sentences imposed in New Brunswick New Jersey.

When someone is convicted for a third degree crime for a sex offense in Middlesex County, they face 3-5 years in prison and a maximum fine of $15,000. Unlike more serious sex crimes, neither PSL nor Megan’s Law apply in most third degree cases. The same is true with respect to fourth degree crimes which involve up to 18 months in prison and a fine of up to $10,000.

NERA & Other Special Sentencing Provisions. The No Early Release Act (“NERA”) applies at the time of sentencing for Aggravated Sexual Assault or Sexual Assault. This sentencing law requires that a defendant serve at least 85% of their prison term before they are eligible for parole. This is commonly referred to as the period of parole ineligibility. For example, NERA requires an individual sentenced to 10 years in prison to serve 8.5 years before they can appear before the parole board.

There are also special sentencing requirements that apply in certain child pornography cases. If you are convicted for possession of 25 or more items depicting the sexual exploitation or abuse of a child, there is a mandatory minimum term of imprisonment equal to one-third and one-half of the sentence imposed or five years, whichever is greater.

Megan's Law & The New Jersey Sex Offender Registry

For most sex offenses, you must register under Megans Law as a sex offender. There are a slew of obligations that are triggered once someone is subject to Megans Law, including a requirement that the individual re-register annually and report any change in address. If you move to a new address, whether within Middlesex County or elsewhere, you should notify police of your address change the day that you move into your new home. You might also need permission from law enforcement to travel internationally, or even out of state. Some registered sex offenders are not allowed to have contact with children other than their own, and some must have another adult present when they are with their own children. In other words, if you are a registered sex offender, you can get criminal charges for doing things that are legal for most people to do, such as traveling, moving to a new apartment, or visiting your nieces and nephews. The best way to avoid additional legal trouble is to contact an experienced Middlesex County criminal defense lawyer if you have any questions about compliance with sex offender registry requirements.

In many instances, an individual will also be included in the New Jersey sex offender registry which is open to the public. The sex offender registry includes the following information about every person registered:

• Name, photograph, and physical description
• Home address
• Place of employment (or school if the defendant is a student)
• License plate number and description of the defendant’s vehicle
• The offense of which the defendant was convicted

Convictions for the following sex offenses require registration on the sex offender registry:

• Sexual assault
• Statutory rape
• Criminal sexual contact with a minor
• Kidnapping a minor
• Aggravated criminal sexual contact
• Possession of child exploitative material
• Endangering the welfare of a child
• Luring, enticing, or soliciting a minor
• False imprisonment of a minor
• Criminal restraint of a minor

While all entries on the New Jersey sex offender registry contain the same amount of information about each defendant, the registry consists of three tiers that vary according to how many people have access to the information, as follows:

• Tier I is visible only to law enforcement.
• Tier II is visible to law enforcement, and law enforcement must also provide the information to schools, summer camps, daycare centers and registered community organizations near the defendant’s home and workplace or with which the defendant is likely to have contact (such as the school that the defendant’s children attend).
• Tier III involves all of the above notifications, and the information is also visible on a website easily accessible to the public. Anyone can find it by doing a Google search for the defendant’s name or for “sex offender registry” and the name of the state, county, or city where the defendant resides.

There is not a one-to-one correspondence between the name of the offense and the tier at which you must register. The court decides on a case-by-case basis which tier of registration is appropriate for each defendant, based on the risk that the defendant poses to the community. Some sex offenders must remain on the registry for life, but others may have their information removed 15 years after completing their sentences.

Contact a Middlesex County Sex Crimes Defense Lawyer

The stakes are just about as bad as they can get under New Jersey law once someone is charged with a sex offense like aggravated sexual assault, second degree endangering the welfare of a child, luring or another serious sex offense. This is why it is so important to hire the best Middlesex County sex crimes defense lawyer that is available to defend you. Our attorneys believe that they represent your top option in this regard. We say this because our experience, connections, and other characteristics for your successfully defending a sex crime in Middlesex County are truly unparalleled.

An attorney at Marshall Criminal Defense & DWI is available around the clock to assist you. If you would like to speak to a lawyer with the knowledge and skill to help you in a free initial consultation, contact us. Lawyers are ready to take your call now at 732-246-7126.