Our Former County Prosecutors & Certified Criminal Trial Attorneys Are Ready To Defend Your NJ Luring Charge
Luring is an extremely serious criminal offense that carries many years in prison if you are convicted in New Jersey. The collateral ramifications of luring or enticing a child are also extreme since they render a person a registered sex offender that must comply with the requirements of Megan’s Law. Efforts by the New Jersey Office of the Attorney General, as well as county prosecutor’s offices, to apprehend those who attempt to lure children are particularly keen which further complicates the minefield for those charged with luring. All of this makes it exceptionally important to be represented by a skilled attorney in this type of sex case.
The team of attorneys at the Law Offices of Jonathan F. Marshall has the know-how to provide a persuasive defense so that you have every chance of escaping a guilty finding. We have decades of experience representing clients arrested for luring throughout New Jersey. Most of the lawyers also have the benefit of having served as prosecutors in positions such as Director of Major Crimes, the Trial Division, Juvenile Division and Special Operations. Members of our staff are routinely engaged to defend clients arrested in conjunction with luring stings conducted by state, county and/or federal law enforcement and are ready to help you.
To speak to a lawyer with the skills to thoroughly defend your interests, contact our office at (877) 328-0980 for a free consultation.
Charge With Luring a Minor in New Jersey
It is a second-degree crime under N.J.S.A. 2C:13-6 to lure a child into a car, truck, isolated area or structure for the purpose of committing a criminal offense against the child. Any means of communication, including online chats, social media and other internet and electronic means can provide the basis for a luring offense.
- How Does The Prosecutor Prove a Luring Offense. There are four necessary elements that must be established, beyond reasonable doubt, for the state to prove a charge for luring a minor. The first thing that must be proven is that the victim or intended victim was a minor. The state typically utilizes text messages, online chats (e.g. Kik, Skout, Grindr, Tinder, MeetMe, etc.), emails, online gaming system conversations (e.g. Fortnite, Minecraft, and Discord) and/or consensual intercepts (i.e. rigged call with police listening) where the age of the victim is memorialized. Second, the actor must attempt to lure or entice the victim. Fourth, the location where the accused is luring the victim must be a motor vehicle, structure or isolated area. Fourth, the defendant must possess an intention to commit a first-degree, second-degree, third-degree or fourth-degree crime against the child.
- What Are The Penalties for Luring a Child? As previously stated, luring is a second-degree crime. The period of incarceration faced by a defendant at the time of sentencing is 5-10 years in prison. There is also a fine of up to $150,000 that may be imposed. An individual who pleads or is found guilty of luring in NJ also faces mandatory registration under Megan’s Law. What this means is that you will be a registered sex offender that must report to local law enforcement and whose whereabouts shall be routinely monitored for at least fifteen (15) years. There is also the possibility of your identity being posted on the New Jersey Sex Offender Registry.
- Are There Enhanced Penalties For Repeat Offenders? There is a mandatory minimum term, commonly referred to a period of parole ineligibility, that must be imposed when someone is convicted of a second or subsequent incident of luring. An individual is required to serve the greater of one-third of his/her sentence, or 3 years, when this is the case. If the defendant is sentenced to an extended term or has a prior conviction for sexual assault, aggravated sexual assault, aggravated sexual contact or endangering the welfare of a child, then the mandatory minimum term is the greater of one-third of the sentence or 5 years.
- Am I Eligible for Pretrial Intervention (“PTI”)? An individual is not eligible for Pretrial Intervention if they are charged with luring. The reason is because PTI is limited to third-degree and fourth-degree crimes. A second-degree crime such as luring is ineligible for diversion in this manner.
- Can A Conviction for Luring Be Expunged in New Jersey? Luring is not eligible for expungement and remains on an individual’s criminal record forever.
- Is There A Way To Avoid Imprisonment or Even A Conviction? There are definitely many avenues that our NJ luring offense attorneys can utilize so that you avert prison and possibly even a conviction altogether. There are often complex due process, Miranda, and search and seizure issues that arise in these types of cases, as well as a laundry list of other factual and legal issues (e.g. notice of age of the “victim,” intent to commit an offense, etc.) that an accomplished New Jersey sex crime lawyer at our firm exhausts in order for our clients to escape a luring charge. The key for you or your loved one is to hire an attorney with extensive experience dealing with luring cases as quickly after an arrest as possible so that their defense is not prejudiced in any way.
Luring An Adult by Electronic or Other Means
A separate criminal offense has been created under N.J.S.A. 2C:13-7 where the victim of luring is an adult. This law makes it a third-degree crime to use the internet or other electric means (e.g. dating website such as Match.com, Tinder, Bumble, etc.) to lure a person to a place for the purpose of committing a crime. An individual faces up to 5 years in state prison and a fine that can reach $15,000 if they are convicted of this variety of luring in NJ.
Contact A Highly Experienced New Jersey Luring Offense Defense Lawyer At Our Firm
Individuals charged with luring are aggressively prosecuted by state and local authorities so you cannot compromise your representation. Take a long look at the qualifications of the attorneys you are considering. What type of experience do they really possess (e.g. how long have they been an attorney, what is the concentration of their practice, do they really have trials in luring cases, etc.)? There is no room for a mistake in selecting a lawyer when the charge is as serious as luring a minor. The lawyers at the Law Offices of Jonathan F. Marshall have all of the attributes needed to successfully defend your case with over 200 years of combined experience and qualifications that include being certified as criminal trial attorneys in New Jersey. For a free consultation with one of our lawyers immediately call (877) 328-0980.
More Frequently Asked Questions In New Jersey Luring Cases
Luring
What Is The Sentence For Luring In New Jersey?
Luring is a second degree crime that results in the following penalties at the time of sentencing:
- 5-10 years in prison
- up to a $150,000 fine
- sex offender parole supervision for life
- registration under Megan’s Law (in most cases)
Is Luring Eligible For Pretrial Intervention (“PTI”)?
Pretrial Intervention (“PTI”), is a diversion program that allows an individual to avoid prosecution by submitting to a short period of probation. At the conclusion of the period of supervision, which is typically one year, the charge is dismissed without any record of conviction. Eligibility for PTI is limited to first time offenders facing a fourth degree or third degree crime. Crimes of a higher degree, namely, a first degree or second degree crime, are only eligible for Pretrial Intervention with prosecutor consent. Because most luring charges are second degree crimes, it is rare that this offense is resolved through PTI although it is theoretically possible for it to occur.
Are There Enhanced Penalties For A Repeat Luring Offender?
Yes. If the defendant has a prior conviction for luring, he/she must be sentenced to a term of imprisonment that includes a period of parole ineligibility.
The mandatory minimum term of imprisonment has to be set at one-third to one-half of the sentence imposed, or three years, whichever is greater, and the defendant isn’t eligible for parole during this period.
Does Luring Merge With Other Sex Offenses?
No. A conviction under this section does not merge with a conviction of any other criminal offense, for example, sexual assault, aggravated sexual assault or endangering the welfare of a child. Accordingly, a court will impose separate sentences on companion charges like those described.
Can You Be Convicted For Luring If Your Attempt To Lure Was Unsuccessful?
Yes. A conviction from luring is predicated on conduct to entice a child and not whether or not there was actual physical contact. The mere act of trying to entice a child is a crime, namely, the offense of luring.
