Sex Crimes: New Jersey Sexual Assault Defense Attorneys

If you or a loved one has been accused of a sex crime, it is critical to have an experienced New Jersey criminal defense lawyer who will fight to protect your rights and ensure your side of the story is heard.

Being charged with a sex crime in New Jersey can be an incredibly disruptive force — with ruinous potential — on every aspect of your life. Not only are you facing a potential criminal conviction and jail time, but there is also the potential for Megan’s Law registration requirements.

In New Jersey, the term “sex crimes” refers to any criminal charge involving sexual activity such as rape, child sexual abuse, prostitution, molestation, indecent exposure, and lewdness. No matter what the charge, you are presumed innocent and have rights under the law.

Rosenberg | Perry & Associates has represented people just like you. Our team has experience defending sex crime cases and is familiar with all aspects of the charges, the conviction, the investigation, and the potential risks of trial. Let us help you stand strong and fight for you.

Types of Sex Crime Charges in New Jersey

There are many different types of crimes that can be considered sex crimes in New Jersey.

• Aggravated Sexual Assault, First Degree
• Sexual Assault, Second Degree (Rape)
• Endangering the Welfare of Children, Second or Third Degree
• Aggravated Criminal Sexual Contact, Third Degree
• Criminal Sexual Contact, Fourth Degree
• Lewdness, Fourth Degree or Disorderly Persons
• Harassment, Petty Disorderly Persons Offense
• Internet Sex Crimes
• Sexting
• Child Pornography
• Child Molestation
• Statutory Rape
• Date Rape
• Sexual Abuse
• Prostitution
• Human Trafficking
• Failure to Register as a Sex Offender

Potential Jail Time for Sexual Assault & Sex Crimes

In New Jersey, the jail time for sexual assault and sex crimes depends on the severity of the sentence:

• Aggravated Sexual Assault, 1st Degree – 10-20 years or 15-life
• Sexual Assault, 2nd Degree – 5-10 years
• Endangering the Welfare of Children, 2nd Degree- 5-10 years
• Endangering the Welfare of Children, 3rd Degree – 3-5 years
• Aggravated Criminal Sexual Contact, 3rd Degree – 3-5 years
• Criminal Sexual Contact, 4th Degree – 18 months
• Lewdness, 4th Degree or Disorderly Persons – 6 months

You might also be required to register for one or both the national and state sex offender registries for life. This can result in your picture posted online as a sex offender. And some sexual crime convictions require that you be placed on “Parole Supervision for Life” (PSL) which includes constant supervision by a specially assigned parole officer and restrictions on travel and internet access.

Lewdness, 4th Degree or Disorderly Persons

In New Jersey, a defendant is guilty of Lewdness if they commit a flagrant offensive act that they believe non-consenting people will likely see.

Lewdness is typically a disorderly person charge in New Jersey, but it becomes a fourth-degree crime when the defendant knows or reasonably expects to be observed by a child younger than 13 years old, if the defendant is at least four years older than the child or if they are observed by a person who is unable to understand the sexual nature of the defendant’s conduct due to mental illness or disease.

Evidence in cases involving criminal charges of Lewdness often relies on the alleged victim’s testimony as well as establishing a lack of consent which creates an opportunity to place the burden on a prosecutor to prove the statements are credible.

It is important to have an experienced New Jersey sex crime defense lawyer who understands how to build a strong defense to a Lewdness charge to avoid a permanent conviction on your criminal record and being placed on a sex offenders registry.

Internet Sex Crimes

Internet sex crimes typically do not involve direct contact with another person but cover a range of inappropriate behavior using the internet, including:

• Possession and/or distribution of child pornography
• Sex crimes involving social media
• Sexting
• Internet solicitation of a minor (even if the plan is not carried out)
• Sending explicit photos to a minor
• Requesting explicit photos from a minor
• Federal and state crimes involving computers

Endangering the Welfare of Children, 2nd or 3rd Degree

In New Jersey, a child is any person under the age of 18. Endangering the Welfare of Children, 2nd Degree, occurs when a child’s legal guardian or caretaker engages in sexual contact with that child “which would cause the child harm, impair the child’s morals, or cause harm in such a way that the child could be defined as an abused or neglected child.” Endangering the Welfare of Children, 3rd Degree, is the same as the second-degree charge, except the child is younger than 16.

Endangering the Welfare of a Child can include:

• Child abuse
• Child neglect
• Child pornography
• Child molestation
• Sexual assault
• Statutory rape
• Driving while intoxicated while a minor is in the vehicle

A conviction for Endangering the Welfare of a Child, second degree, carries with it a maximum penalty of 10 years in prison with Megan’s Law Registration and Parole Supervision for Life. A conviction for Endangering the Welfare of a Child, third degree, carries with it a maximum penalty of 5 years in prison. In some circumstances, a third-degree conviction will also carry with it Megan’s Law Registration and Parole Supervision for Life.

Learn more about Endangering the Welfare of a Child crimes, penalties and defense strategies.

Incest

Is incest is legal in New Jersey? Yes, incest, as defined by New Jersey incest laws as consensual sexual relationships among adult relatives, is not a criminal offense. Incestuous marriages, however, are illegal. Also, New Jersey increases the severity of underage sex offenses if they are also incestuous.

Megan’s Law Registration Requirements NJ

Megan’s Law is a statute enacted in 1994 requiring information about convicted sex felons to be available to the public. Megan’s Law is set forth in N.J.S.A. 2C:7-2. Convictions or adjudications of the following crimes will require persons to register under Megan’s Law:

• Aggravated sexual assault
• Sexual assault
• Aggravated criminal sexual contact
• Criminal sexual contact (if the victim is a minor)
• Kidnapping if the victim is under 16 years of age
• Endangering the welfare of a child (in certain circumstances)
• Luring
• Promoting prostitution of a child under the age of 18
• False imprisonment (if the victim is a minor)

If you are required to register and don’t, you could be charged with a third-degree offense of failure to register, which is punishable with three to five years in state prison.

Megan’s Law registration requirements also apply to juvenile sexual offenses.

Learn more about Megan’s Law.

Sexual Assault & Sex Crime Defense Attorneys

If you have been charged with a federal or state sex crime in New Jersey, you need skilled criminal defense. If your son or daughter has been charged with any of the above offenses as a juvenile, contact our Burlington County juvenile lawyer.

The legal team at Rosenberg | Perry & Associates will work with you to build an appropriate legal defense to your charges. To schedule a free consultation, contact us today