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Passaic County Criminal Attorneys

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Luring Defense Lawyers in Passaic County NJ

Luring is an attempt to persuade another to enter something or meet somewhere, with the intent to commit a criminal offense with or against the person lured or against a third party. This offense is contained at N.J.S.A. 2C:13-6 of New Jersey law and makes this violation a third degree crime if the victim is an adult and a second degree crime of they are a minor. Luring is a serious charge that has the possibility of resulting in a lengthy prison sentence, among other penalties. If you need representation because you have been charged with or indicted for luring, aggravated sexual assault, endangering the welfare of a child, aggravated criminal sexual contact or lewdness give us a call. An experienced criminal lawyer on our staff will review the facts of your case and discuss what we believe the best approach is to successfully defend you.

Paterson NJ Luring Attorneys

Luring Under N.J.S.A. 2C:13-6

To convict a person of luring, the State must prove beyond a reasonable doubt that the accused:

  1. attempted to lure, by electronic or any other means;
  2. a person or one the defendant reasonably believes to be a child;
  3. into a motor vehicle, structure or isolated area, or to meet or appear at any place;
  4. with an intent to commit a criminal offense.

In determining whether these requirements have been satisfied, the law has defined certain important terms. “Electronic means” includes, but is not limited to the internet, which includes the international computer network of both federal and non-federal interoperable packet switched data networks. “Structure” incorporates any building, room, ship, vessel or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

Grading and Penalties

Third degree luring carries a prison sentence between three (3) and five (5) years. The jail term for second degree luring is more serious and involves five (5) to ten (10) years in prison. The New Jersey legislature was, however, intent on enhancing these penalties to include mandatory prison terms for penalty that applies to those who are repeat offenders.  In this regard, N.J.S.A. 2C:13-6(d) provides that a repeat offender is subject to a mandatory minimum prison term of one-third (1/3) to one-half (1/2) of the sentence enforced, or one (1) year, whichever is greater, during which time the defendant will not be eligible for parole. Moreover, if the defendant is sentenced pursuant to N.J.S.A. 2C:43-7 (i.e. extended term eligible), they will face a minimum prison term of one-third (1/3) to one-half (1/2) of the sentence enforced, or five (5) years, whichever is greater between the two, during which time the defendant will not be eligible for parole. The penalties a defendant also differ if the defendant has a prior conviction for sexual assault, aggravated criminal sexual contact, or endangering the welfare of a child. If this is the situation, the defendant will face a mandatory minimum prison term of three (3) years, during which time the defendant shall not be eligible for parole.

Wayne NJ Luring Defense Attorneys

If you or a loved one has been charged with luring in Passaic County, in towns like Totowa, Hawthorne, West Milford, Little Falls, Clifton or Paterson, give our Wayne office a call. We can be reached 24/7 at 862-203-4070.

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