Luring Attorneys in Middlesex County, New Jersey
Anyone charged with the offense of luring is facing state prison, Megan’s Law sex offender registration, and other collateral consequences beyond your control. Defending your case is a necessity if you want to prove your innocence and avoid the life-altering results of a conviction for luring, enticing, or solicitation in Middlesex County and throughout the state of New Jersey. If you have been arrested and charged with luring, or merely accused of a luring offense in violation of N.J.S.A 2C: 13-6 or N.J.S.A. 2C:13-7, the seasoned team of sex crimes defense lawyers at Proetta & Oliver is dedicated to fighting for you. Whether your specific allegations involve luring a child or an adult in Edison, Woodbridge, New Brunswick, Old Bridge, Perth Amboy, East Brunswick, or another nearby town in the Middlesex County area, we will thoroughly investigate your case to determine the best course of action. Our commitment is to provide personalized support and advise you through every step of the process ahead. Call (732) 659-9600 to speak with an attorney immediately. Consultations are free and confidential.
Luring, Enticing, and Solicitation Offenses under New Jersey Law
Luring happens when one person creates a situation in which he or she entices another person to a location, motor vehicle, or isolated area with the intention of committing an offense. You cannot have a luring without an intention to do something you are not allowed to do. There are two statutes pertaining to luring offenses in New Jersey. One section applies to minors and the other applies to adults. The difference between the two is that one involves an offense against a person understood to be a child and the other is an offense against a person believed to be an adult.
Luring Minors in violation of N.J.S.A. 2C:13-6
It is a second degree crime to lure any person whom you believe to be a minor. Luring or attempting to lure a minor to a secluded area, structure, or motor vehicle or to meet anywhere with the intention of committing an offense against or with the minor is a second degree crime. Luring or enticing can happen by electronic means or any other way.
The purpose of the statute of against luring minors is to stop the offense before it starts. Lawmakers and police understand that those who lure or entice children wish to harm them, and that criminalizing the initial contact can prevent a kidnapping and other untoward conduct against underage individuals. Those that make contact and take an additional step toward meeting the minor can be arrested even if nothing ultimately happens.
The luring or enticing of a child can happen in many ways. The person known as the perpetrator often attempts to lure a child through communications like online games that have a messaging component. Also, it can be done through various websites or texting. One difficulty in proving the cases is that there must be some evidence that the person actually intended to meet the child. In furtherance of this proof, a sting operation may be set up in which the person on the other end of the screen is really a police officer or detective pretending to be a child. The detective clearly states his or her age of minority and agrees to meet the perpetrator. When the adult appears at the meeting location, he gets arrested because he took a step in furtherance of the luring.
Notably, luring can also happen through in person contact. For example, one of the most famous examples is when a person asks a young child to help find their lost puppy or animal, and then when the child assists, he takes the child and assaults her in some way. This can also happen by asking a child if they would like a ride home or maybe they stop and ask the child for directions. When the child approaches the car, he or she is accosted and taken away.
Luring Adults violating N.J.S.A. 2C:13-7
Under this provision, it is an offense to attempt to lure or entice a person to get into a structure, isolated area, or motor vehicle with the intention of committing offense against the lured person or anyone else. It is an offense to attempt to lure a person by vernal contact, electronic means, or any manner that can accomplish the goal of meeting.
For example, anyone who has a dating profile on Tinder, Hinge, Match, Plenty of Fish, or even Christian Mingle has voluntarily agreed to be contacted and potentially have consensual meetings. Let’s say a person contacted another member through the Tinder app and arranged to meet for dinner. What if unbeknownst to the victim, the building at the meeting location is abandoned and the defendant intentionally arranged to meet the victim with the intention of committing a crime. Often, it is the allegation made by the state that the person accused was luring the victim with the intention of sexually assaulting them. Luring can happen by text, email, phone call, verbal communication, Facebook, Instagram, or any other means.
Not all luring occurs by electronic means. Some offenses can happen in person. For example, someone may offer a ride or ask for directions, ask for help, or have the victim accompany them to an isolated area with an intention of committing an offense against the person. This can also happen in dating relationships where two people agree to take a ride to the store or to talk, etc. but the real intention of the driver is to kidnap the other and do harm.
Punishment of Luring Charges in New Jersey
For both types of luring, there are serious consequences. An offense of luring or enticing a child is a second degree crime. Imprisonment of 5-10 years is mandatory if convicted. If you commit a second offense of luring, the court must sentence you to a mandatory incarceration with parole ineligibility for a certain time. The fine imposed can be as much as $150,000 and you must register as a sex offender under Megan’s Law. The luring of an adult is a third degree crime in New Jersey. Third degree crimes are punishable by 3-5 years in prison. Additionally, you can be ordered to pay a $15,000 fine, restitution, and to provide your DNA and fingerprinting that identify you as a felon. Second offenses for luring of adults also have mandatory incarceration components as well.
One important fact about luring is that the offense does not merge for purposes of sentencing. This means that the luring, and the offense you committed in furtherance of the luring, i.e. kidnapping or sexual assault, will be charged and sentenced separately. In other cases, the sentences become one but in a luring case, they do not. You face more punishment with luring that with other crimes. You can also be charged with attempted kidnapping for this offense, requiring additional punishment. Another important factor is that diversionary programs such as PTI are not available to those charged with luring and it can become difficult to successfully resolve cases without the assistance of a knowledgeable and experienced defense attorney. Additionally, due to the concern for the public and alleged victim, the prosecutor may file a motion to keep you in jail until your case is tried or otherwise resolved.
New Brunswick Luring Defense Lawyer Free Consultation
We understand that there are two sides to every story, and it is our job to make sure that yours is heard. Often, people have consensual contact and later regret it. To deal with the regret or anger at the event, they file charges falsely alleging luring, kidnapping, and unwanted sexual contact. In other cases, luring a minor is alleged and the state takes over, manipulating and pushing the person accused into saying something that makes them appear guilty. Whatever the circumstances in your luring case in Middlesex County or elsewhere in New Jersey, our attorneys understand that these charges can happen to anyone. You can place your trust in an advocate who will stand by your side through questioning and any proceedings thereafter. Call us today at (732) 659-9600 for a free consultation or fill out our convenient online form to request answers and further assistance now.