Differences Between Luring a Child or Adult in NJ
Luring Either an Adult or a Minor is Regarded as a Severe Criminal Offense With A Number Of Life-Altering Repercussions in New Jersey
A perpetrator can entice or lure a minor (or an adult) into an isolated area with the sole purpose of committing an illegal or criminal act against that victim. Many people do not realize that this also happens to adults, and people can still be charged with a serious offense if they commit the offense against an adult.
The team of attorneys at our Bergen County criminal defense firm knows that luring or enticing offenses may seriously impact your life not only today but also tomorrow’s opportunities. You are at risk of a lasting stain on your criminal record, jail time, and fines. Trust our knowledge and skills in advocating for charges to be dropped or reduced. For a free consultation, call (201)-330-4979 or access our online contact form today.
What Is The Statute for Luring a Child?
When a person over the age of majority, or 18 in most states, attempts to lure or entice a minor, or a person that the adult reasonably believes to be a minor, into a isolated structure, motor vehicle, or to meet at a place with the purpose to commit an illegal act against the child. The person can do this through electronic means or any other method, but if it is done they are guilty of 2nd degree enticing or luring a child as it is written in NJSA 2C:13-6.
What Is The Statute for Luring an Adult?
It is a 3rd degree crime when a person tries to entice or lure an adult. Specifically, the perpetrator must attempt to do so by electronic means or any other means. They must lure or entice the adult victim into a motor vehicle, structure, or any place where the offender can commit a criminal act or illegal crime against the adult victim. Much like in the child-victim counterpart of this statute, a structure could mean any building and an isolated area could mean anywhere where both the offender and the victim are alone. The statute that codifies this into law is NJSA 2C:13-7.
Differences Between Luring a Child Versus Luring an Adult According to the Law
What many folks do not realize is that there is an adult version of the luring and enticing statute. The adult version, unlike the child version, results in a 3rd degree conviction and exposes the offender to less jail time and less money to be paid in fines.
These statutes, especially the child version NJSA 2C:13-6, was originally passed into law as a preventative measure to combat kidnapping. Luring and enticing are the early stages of a kidnapping, and the government believed if they made the luring and enticing portion of a kidnapping a crime in and of itself, they could start to prevent kidnappings and/or more serious crimes.
Sentences for Luring a Child Differ From Those for Luring an Adult
NJSA 2C:13-6 is a 2nd degree crime and punishable by a sentence of incarceration between 5 and 10 years in a state penitentiary. The offender also faces fines of up to $150,000. Most importantly, a person who is convicted of violating this law may have to be on sex offender parole supervision for the rest of their lives and register as a sex offender as it is required by Megan’s Law.
NJSA 2C:13-7 is a 3rd degree crime and punishable by a sentence of incarceration between 3 and 5 years in a state penitentiary. Offenders face a fine to be paid upwards of $15,000. Oftentimes, the victim of adult luring can be a person that the victim does not know because the offender is pretending to be someone else. This is still considered to be luring an adult.
If anyone is convicted for a second or subsequent offense under either of these statutes, they face mandatory imprisonment and must serve a certain portion of that sentence before being eligible for parole. This is called the No Early Release Act and it applies to certain offenses in order to ensure that the offenders of NERA statutes serve a period of time of incarceration.
Is Luring Considered a Sex Crime? Why is Important to Know This?
Luring and enticing a child is considered a sex crime. This is important to know because upon conviction, the offender faces lifetime supervision as a sex offender on parole. Furthermore, the offender also faces registration as a sex offender in order to comply with Megan’s Law. These are restrictions the offender must face for the rest of their lives. Luring and enticing a child is not a crime that can be expunged, which means that it can remain on your record for the rest of life.
Talk to Our Luring Offense Lawyers if You Need Qualified Representation in NJ
Having an experienced sex crimes defense attorney help you face these charges is the smartest decision you can make if you have been charged what is luring a child or an adult in New Jersey. The knowledgeable and experienced lawyers at our Bergen County criminal defense office have had a multitude of successes in luring and enticing cases and can prove to be very wise when protecting your interests against overzealous prosecutors who tend to take a very harsh stance against those accused of sex crimes. We can offer defenses to the court that refute the location of the alleged enticement, defenses to the criminal intent element of the crime, and defenses to the enticement itself. There are many ways our attorneys can prove to be invaluable if you find yourself facing charges such as luring via the internet or other means in Hackensack, Fort Lee, Paramus, Mahwah, Ridgefield Park, Rutherford, Garfield, Palisades Park, Bergenfield, or other towns in the Bergen County area. Contact us at (201)-330-4979 for a no cost, no obligation consultation with our team of attorneys.