Luring or Enticing a Child in New Jersey

N.J.S.A. 2C:13-6 · Sex Offenses & Offenses Involving Children

What the law says

A person commits a crime of the second degree by attempting, through electronic or any other means, to lure or entice a child or someone the person reasonably believes to be a child to specified places or to meet or appear elsewhere. The person must act with the purpose of committing a criminal offense with or against the child.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:13-6, that means:

• The person attempts to lure or entice someone.
• The attempt is made via electronic or any other means.
• The person lured or enticed is a child, or someone the person reasonably believes to be a child.
• The attempt is to lure or entice the child into a motor vehicle, structure, or isolated area, or to meet or appear at any other place.
• The person acts with the purpose to commit a criminal offense with or against the child.

How the charge is graded

• A person commits a crime of the second degree if the person attempts, via electronic or any other means, to lure or entice a child or one who the person reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child.

Penalties in the statute

• A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment.
• For a second or subsequent offense, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, the term of imprisonment shall include a mandatory minimum term of one-third to one-half of the sentence imposed, or three years, whichever is greater, during which time the defendant shall not be eligible for parole.
• If the person convicted of a second or subsequent offense is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater.
• A person convicted of an offense under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 shall be sentenced to a term of imprisonment.
• For a person with a previous conviction of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, the term of imprisonment shall include a mandatory minimum term of five years, during which time the defendant shall not be eligible for parole.
• The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section, any person sentenced pursuant to subsection e., or any person sentenced pursuant to this section.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• “Child” means a person less than 18 years old.
• “Electronic means” includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4.
• “Structure” means 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.
• Nothing in this section precludes, if the evidence so warrants, an indictment and conviction for attempted kidnapping under the provisions of N.J.S.2C:13-1.
• For purposes of subsection d., an offense is a second or subsequent offense if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section.
• For purposes of subsection e., a previous conviction means a conviction under N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to any of those sections.
• Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section; the court shall impose separate sentences upon each violation of this section and any other criminal offense.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging the reliability and consistency of the allegations
• Forensic review of digital evidence, devices, and timelines
• Suppression of statements and evidence from unlawful searches
• Addressing Megan's Law registration and parole supervision for life exposure in any negotiation

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Luring or Enticing a Child charge.

Related charges

• Sexual Assault →
• Criminal Sexual Contact →
• Lewdness →
• Invasion of Privacy →
• Endangering the Welfare of a Child →
• Child Pornography (Child Sexual Abuse Material) →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.