New Jersey Child Enticement Laws

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New Jersey child enticement laws are in place to allow children to engage in a safe electronic community without being preyed upon by adults.  In order to be found to have committed the crime of child enticement a person 18 years or older must do the following:

• Attempt 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, building, room, or isolated area;
• Or to meet or appear at any other place;
• With a purpose to commit a criminal or sexual offense with or against the child.

Penalties for Child Enticement in New Jersey

If the defendant is convicted of child enticement he or she shall be guilty of a crime in the second degree with a minimum prison sentence of five years and a maximum term of 10.  A person that has any prior child enticement arrests will be sentenced within the confines of the second degree time period and one-half of their sentence shall be deemed to be the mandatory minimum with no eligibly for parole or probation.  All defendants convicted of child enticement will be required to register as sex offenders.

Defense of Child Enticement in New Jersey

A defendant that has been charged with soliciting a child by computer will have available a number of defenses.  These defenses if asserted correctly could absolve the defendant of any criminal liability:

• Duress or compulsion where a person engages in criminal conduct due to threat of imminent death, or seriously bodily injury, or force.
• Ignorance to or mistake as a mater of fact that negates the element of intent to commit the crime
• Involuntary intoxication that results in lack of capacity to appreciate right from wrong
• Mental disease, defect, or insanity
• Defendant is a minor child less than 14 years
• Defendant was 14, 15, 16, or 17 years old when he committed the illegal conduct.

Attempted Child Enticement in New Jersey

A person can be found guilty of attempted online child enticement if they take a step towards committing the crime with the intent of committing the crime.  The step must strongly show that the defendant would have completed the crime of online child enticement if it were possible to do so. This most often will occur in the situation where a defendant acts with intent to entice a minor that actually is a law enforcement officer.

When to Talk to a Lawyer

Whenever you are charged with a crime, one of your very next steps should be to contact an attorney.  Only a licensed attorney in your state can provide you advice on how to proceed with your case and assist in the preservation of your defenses and rights.