If you watched the NJ episodes of the NBC Dateline series “To Catch a Predator”, you are undoubtedly familiar with the offense known as luring. The purpose of the show, as well as many undercover efforts of the local police and the Prosecutors is to identify individuals on the internet who attempt to lure children in hopes of sexual liaison. As you might expect, lawyer enforcement is quite aggressive in trying to gather as many individuals involved in luring as possible but their nets can entangle both bona fide suspects and innocent targets. If you were arrested and charged with attempting to lure someone under 18 years of age, we can help you.
N.J.S.A. 2C:13-6, which is titled ” Luring, enticing child by means, attempts; crime of second degree; subsequent offense, mandatory imprisonment “, provides that:
A person commits a crime of the second degree if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child.
There are two elements that must be established beyond reasonable doubt by the prosecutor to obtain a conviction under this law. First, the state must prove that the accused attempted to lure or entice a child into a motor vehicle, structure or isolated area. Second, it must be established that it was the purpose of the accused to commit a criminal offense with or against the child. For purpose of this violation, “electronic means” primarily refers to the internet although it is intended to include any device or system which is capable of being used to communicate.
Since luring is a second degree crime, it triggers a potential prison sentence of 5-10 years and a fine of up to $150,000. There are enhancements to these penalties that apply, however, where the defendant has a prior conviction for luring or for sexual assault, aggravated sexual assault, aggravated sexual contact or endangering the welfare of a child. If the defendant has a prior conviction for luring, there is a mandatory minimum sentence that must be imposed at the time of sentencing for a second or subsequent conviction for luring. The minimum sentence/period of parole ineligibility is to be set at one-third to one-half of the sentenced imposed or one year, whichever is greater. The situation is worse where the prior conviction is for one of the sex crimes listed. In this instance, the period of parole ineligibility must be set at one-third to one half of the sentence imposed or three (3) years, whichever is greater. You are also exposed to the implications of Megan’s Law and sex offender registration if you are convicted of this offense.
In the event that you or a loved one has been charged with luring, you absolutely need knowledgeable representation. The reason is quite simple — if you don’t do something to avoid a conviction, there is an extremely good chance that you will land in state prison at the conclusion of your case. The stakes are clearly very high and require that you secure the best defense attorney available.
Don’t expose yourself to the severe consequences of a luring conviction without proper representation. A lawyer at our firm has the tools to effectively fight the luring charge you are facing and is fully familiar with the judicial system throughout New Jersey.
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