New Jersey Section 2C:13-6 – Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment; definitions.
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Understanding New Jersey’s Law Against Luring or Enticing a Child
New Jersey has a law, Section 2C:13-6 of the New Jersey Code of Criminal Justice, that makes it a crime to attempt to lure or entice a child into an isolated location in order to commit a criminal offense against that child. This law is intended to protect children from predators who would try to get them alone in order to sexually assault or abuse them. However, it is a complex law with nuances that are important to understand.
The Basics of the Law
In a nutshell, the law states that it is a second-degree crime for a person to attempt “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,” if they have the purpose of then committing a criminal offense against that child [1]. So there are a few key components here:
- The perpetrator must attempt to lure or entice the child.
- The luring or enticing must be to get the child into an isolated location like a vehicle, building, or isolated area.
- The perpetrator must have the purpose of committing a criminal offense against the child once they are isolated.
The law defines a “child” as anyone under 18 years old. It also makes clear that “electronic means” of communication are included here. So online chatting, texting, communicating over social media etc. could constitute means of attempting to lure or entice the child [1].
Penalties and Enhanced Sentencing
Because luring or enticing a child is considered such a serious offense, it carries stiff penalties. As a second-degree crime, a conviction can result in 5-10 years in prison. Fines of up to $150,000 may also be imposed [2]. And if this is a second or subsequent offense, there are enhanced sentencing requirements including mandatory minimum prison terms [1].
Specifically, a second or subsequent offense under this statute requires a mandatory minimum sentence of one-third to one-half of the overall sentence, or 5 years, whichever is greater. At least 3 years of that sentence must be served without parole eligibility. And if the perpetrator has prior convictions for other sex offenses like sexual assault or endangering the welfare of children, an even harsher mandatory minimum sentence applies [1].
Defenses and Challenges
Fighting a charge under this law presents considerable challenges. The fact that it criminalizes the attempt alone makes it different from many other offenses. In other words, no actual child victim is required here. The state merely has to prove that the perpetrator tried to lure or entice someone they thought was a minor, with the purpose of later committing an offense against them [2].
Still, defenses can be raised in some cases. For example, arguing that no actual attempt occurred, that there was no criminal purpose, or contesting the electronic communications as inauthentic. An experienced criminal defense lawyer would analyze the specific facts and communications to determine if viable defenses or challenges exist.
Collateral Consequences
In addition to harsh criminal penalties, a conviction under this statute also leads to requiring registration as a sex offender under New Jersey’s sex offender registry law, commonly known as Megan’s Law [3]. This brings a whole separate set of restrictions and monitoring requirements that can last for life. It also severely limits housing, employment, and other opportunities.
Takeaways
The crime of luring or enticing a child covers predatory conduct aimed at getting minors isolated in order to ultimately commit criminal offenses against them. This is considered an extremely serious offense in New Jersey, with steep penalties and lasting collateral consequences upon conviction. Anyone facing charges should retain expert criminal defense counsel as early in the process as possible.
References
[1] Justia, 2022 New Jersey Revised Statutes Title 2C – The New Jersey Code of Criminal Justice Section 2C:13-6 – Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment; definitions.
[2] NJ Courts, Jury Charges (Criminal), Luring (N.J.S.A. 2C:13-6)
[3] Zarych Law, When Can You Be Charged with Luring or Enticing a Child in New Jersey?