There is little room for error if your child has been charged with a sex offense in New Jersey. Sex charges carry some of the stiffest consequences whether you are a juvenile or an adult, including the real possibility of having to register under Megan’s Law for life. Hiring an attorney who is experienced in the defense of sex crimes is an absolute must if you want to maximize the possibility of a favorable outcome on behalf of your son or daughter. The lawyers at our criminal firm include several former prosecutors and a team that has been defending charges like those faced by your child for over a century between us. A lawyer is available at 855-450-8310 for a free consultation regarding any sex related offense including:
| Sexual Assault | Aggravated Sexual Assault |
| Criminal Sexual Contact | Aggravated Criminal Sexual Contact |
| Endangering the Welfare of a Child | Lewdness |
Sexual Assault
The largest number of sex offenses involve some form of sexual assault in violation of N.J.S.A. 2C:14-2(b) or (c). An individual commits a sexual assault under subsection (b) if they have sexual contact with a victim who is less than 13 years old and they are at least four years older than the victim. A sexual assault can only arise under subsection (c) when the contact involves sexual penetration, meaning vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction. Sexual penetration results in a sexual assault when it occurs under the following circumstances: (1) by force or coercion; (2) when the victim is on probation or parole and the actor has supervision responsibility; (3) the victim is at least 16 but less than 18 years old and the actor is related by blood to the third degree, has supervision/disciplinary power over the victim or when the victim is at least 13 years old but less than 16 years old and the actor is at least four years old than the victim. Sexual assault is a second degree crime under 2C:14-2.
Aggravated Sexual Assault
A sexual assault escalates to an aggravated sexual assault when an act of sexual penetration occurs under one of the circumstances set forth in subsection (a) of N.J.S.A. 2C:14-2. Aggravated sexual assault arises where sexual penetration occurs when: (1) the victim is less than 13 years old; (2) during the course of the commission of a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape; (3) the actor is armed; (4) the actor uses force or coercion which results in personal injury; (5) the actor is incapacitated or physically helpless; or (6) with a victim that is at least 13 but less than 16 years old and the actor is related to the victim by blood or affinity to the third degree, the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or the actor is a resource family parent, a guardian, or stands in loco parentis within the household. Aggravated sexual assault is a first degree crime.
Criminal Sexual Contact
Criminal sexual contact is a fourth degree crime in accordance with N.J.S.A. 2C:14-3. A juvenile has sexual contact when he/she intentional touches an individual’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact also occurs when an actor touches himself when it knows it will be viewed by the victim. Sexual contact is “criminal” and results in a violation of 2C:14-3 when it occurs under any of the circumstances that trigger sexual assault; in other words, it is the same conduct as a sexual assault by rather than the actor engaging in sexual penetration, he/she makes sexual contact.
Aggravated Criminal Sexual Contact
Your child may be convicted of an aggravated sexual contact offense if he/she engages in an act of sexual contact under any of the circumstances that apply to aggravated sexual assault above. The distinction again is that the juvenile is making sexual contact under the requisite conditions as opposed to sexual penetration. Aggravated criminal sexual contact is a third degree crime.
Endangering the Welfare of a Child
N.J.S.A. 2C:24-4 sets forth the offense of endangering the welfare of a child. The natural reaction to a discussion concerning this charge in a juvenile setting is typically how can a juvenile be charged with endangering another juvenile? A violation arises when the actor has a legal duty of care for the victim, for example, where they are camp counselor or babysitter, and they engage in sexual conduct which impair or debauch the morals of the child or harm the child through conduct that would be considered abusive or neglectful. Endangering the welfare of a child is a second degree crime when committed under the aforesaid circumstances.
Lewdness
The offense of lewdness is set forth at N.J.S.A. 2C:14-4. A lewd act includes exposure of genitals for the purpose of arousal or sexual gratification of the actor. A juvenile commits a disorderly persons offense for lewdness if he/she engages in a flagrantly lewd and offensive act knowing or reasonably expecting that the conduct would be observed by a non-consenting person who would be affronted or alarmed. Lewdness is enhanced to a fourth degree crime if the victim is less than 13 years of age and the actor is at least four years older or where the victim suffers from a mental disease or defect.
Penalties for Juvenile Sex Crimes
| Second Degree Crime | Up to three years of juvenile detention |
| Third Degree Crime | Up to two years of juvenile detention |
| Fourth Degree Crime | Up to one year juvenile detention |
| Disorderly Persons Offense | Up to six months detention |
NJ Juvenile Sex Crimes Defense Lawyer
The penalties if your child is convicted of a sex crime are, as illustrated, very severe. This is especially so given that the vast majority of these charges result in sex offender registration under Megan’s Law. You cannot afford to defend an offense as serious as this without an experience juvenile sex crimes defense lawyer. The attorneys at The Law Offices of Jonathan F. Marshall possess the pedigree you need. We are former prosecutors and skilled lawyers with over 100 years in criminal practice between us. To speak to an attorney on our staff now, call 855-450-8310.
