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NJ Child Molestation Charges

By Spodek Law Group | January 22, 2023
(Last Updated On: August 2, 2023)

Last Updated on: 2nd August 2023, 11:53 pm

Contact Our Top Attorneys for Immediate Help Defending Child Molestation Cases

Understanding NJ Child Molestation Charges

One child molestation charge may change your life. Whether the offense is enticing, endangering a kid, sexual assault, or criminal sexual contact, Megan’s Law requires sex offender registration and possible prison time. Unfortunately, these accusations are mostly based on claims without physical proof or other substantiation. This makes it impossible to decide these disputes without a jury deciding who is speaking the truth. Therefore, you need a qualified New Jersey criminal attorney who has tried many child molestation cases. Before handing over your credit card or signing a check, know what you are paying for. You cannot afford a child molestation lawyer without experience.

NJ Child Molestation Charges

Five crimes constitute child molestation or sexual abuse:

  • First-degree aggravated sexual assault
  • Second-degree sexual assault
  • Child endangerment
  • Enticing
  • Aggravated criminal sexual contact
  • These offenses need distinct proof, fines, and other criteria.

First-degree Aggravated Sexual Assault

Aggravated sexual assault is the worst child molestation crime in New Jersey. N.J.S.A. 2C:14-2a describes this infraction. First-degree offense. Sexual penetration under the following conditions constitutes aggravated sexual assault:

  • Minor kid under 13;
  • With a minor kid who is at least 13 but less than 16 and connected to the actor, being monitored or disciplined by the actor as a teacher, coach, or guardian;
  • Robbery, abduction, burglary, manslaughter, aggravated assault, arson, or criminal escape;
  • Used force or compulsion to cause grievous personal hurt;
  • If the actor was armed or seemed to have a lethal weapon;
  • Was assisted by at least one other person and caused severe harm; or
  • The victim was physically helpless, cognitively or mentally incompetent, or had a mental condition or defect that prevented him from comprehending his behavior.
  • Aggravated sexual assault can result in 10-20 years in jail and a $200,000 fine. NERA also mandates that offenders fulfill at least 85% of their sentences.

Special Plea & Sentencing for Victims Under 13

The Lunsford Act restricted plea bargaining and punishment for severe assault victims under 13 in New Jersey in 2014. A minimum jail term applies. 25 years to life without parole. The state cannot offer fewer than 15 years in jail to resolve this sort of case via a plea deal. Convictions for aggravated sexual assault of a child trigger Megan’s Law and PSL.

Second-degree Sexual Assault

Sexual assault can lead to second-degree child molestation charges. If the actor is at least four years older than the victim and sexually assaults a child under 13, N.J.S.A. 2C:14-2b applies. Sexual penetration in the following conditions constitutes sexual assault:

  • The actor uses physical force or coercion, but the victim does not suffer severe personal injury;
  • The victim is on probation or parole, or detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim due to the actor’s legal, professional, or occupational position;
  • The victim is at least 16 but less than 18 years old and the actor is either related to the victim, had authority or supervision over the victim, or is
  • Second-degree sexual assault involves a $150,000 fine and 5-10 years in jail. Again, NERA requires the convict to spend 85% of their jail term before being eligible for parole. Megan’s Law and PSL necessitate obligatory registration for sexual assault convictions.

NJ Child Endangerment Charges

N.J.S.A. 2C:24-4 defines endangering a child as child molestation. “Engages in sexual conduct that would impair or debauch the child” is this violation.
When the actor breaches this legislation while having a legal duty of care for the kid or taking responsibility for a child, it is a second-degree criminal. When the parties have no obligation or responsibility, it’s a third-degree felony.

Third-degree sexually based child endangerment involves a $15,000 fine and 3-5 years in jail. Second-degree child endangerment can result in 5-10 years in jail and a $150,000 fine. This crime falls under the No Early Release Act. Parole eligibility is 85% of the sentence. Megan’s Law and Parole Supervision for Life apply to either degree of endangerment.

NJ Luring Charges

  • N.J.S.A. 2C:13-6 makes it a second-degree offense to attract or allure a child into a motor vehicle, structure, or secluded location, or to meet or appear at any other place, with the intent to commit a criminal activity.
  • The NJ Luring Law defines an effort as a considerable step toward the infraction. They do this if they utilize the internet or other methods to invite the youngster (or someone portraying as a child) to a sexual encounter.
  • Luring a kid carries a $150,000 fine and 5-10 years in prison. Megan’s Law and Parole Supervision for Life (PSL) apply to convictions.

NJ Aggravated Criminal Sexual Contact

Criminal sexual contact under N.J.S.A. 2C:14-3a is the least serious kind of child sexual abuse. An adult commits this offence if they have “sexual contact” with a minor child under conditions 2–7 of First Degree Aggravated Sexual Assault. Sexual contact with someone under 13 is sexual assault, not aggravated criminal sexual contact.
Third-degree aggravated criminal sexual contact carries 3-5 years in jail and a $15,000 fine. Megan’s Law includes aggravated criminal sexual contact in sex offender registration.

Get the Finest New Jersey Criminal Defense Attorney

Given the severe repercussions of a child molestation conviction, it is crucial to get the finest New Jersey criminal defense attorney you can.

We Can Help You Defend a Child Molestation Case

We are one of New Jersey’s best criminal law companies and have the courtroom expertise essential to defend a child sexual abuse case. Many attorneys on such websites have little sex crimes trial experience, contrary to what you may think.

Our attorneys can quickly exhibit our qualifications and discuss how we can help you. 24/7 free consultations.

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