Sex Crimes

What Are Common Sex Crimes in Union County, NJ?

The Union County criminal defense lawyers at the Law Offices of Jonathan F. Marshall can handle cases involving the following types of sex crimes:

Sexual Assault

Sexual assault, also called rape, occurs when someone engages in penetrative sex with another person while using physical force or coercion to control them. Sexual assault can also occur when someone sexually penetrates another person who is legally, physically, or mentally unable to provide consent.

Aggravated Sexual Assault

Aggravated sexual assault occurs when someone engages in sexual contact with someone who is younger than 13, a relative between the ages of 13 and 16, or someone who is clearly mentally or physically impaired. Aggravated sexual assault may also involve committing an act of unwanted sexual penetration during the commission of a violent crime, while in possession of a weapon, while assisted by another person, or by using force that causes the victim to sustain injuries.

Criminal Sexual Contact

It is a crime to intentionally touch another person’s intimate parts, whether through clothing or not, for the purpose of self-arousal or the humiliation or degradation of the other party. Read more about Criminal sexual contact cases.

Statutory Rape

The age of consent is 16 in New Jersey. Statutory rape is engaging in sexual penetration with a person younger than the age of consent unless the other party is less than four years older than them.

Child Pornography

A child pornography offense can involve producing, possessing, sending, receiving, or distributing explicit images of children. A person might also face child pornography offenses for knowingly allowing a child to participate in the production of child pornography.

Endangering the Welfare of a Child

A person responsible for a child’s care might be charged with endangering the welfare of a child if they engage in sexual contact with them.

Sexual Battery

Sexual battery is the crime of engaging in sexual contact with another person through force or coercion, without the consent of the other person, or with a person who is physically or mentally incapable of consent.

Prostitution or Solicitation

Prostitution and solicitation occur when people offer or accept sexual acts in exchange for items or services of value. This includes encouraging others to engage in prostitution, seeking services from prostitutes, procuring prostitutes for other people, managing houses of prostitution, or transporting others for the purposes of prostitution.

Lewdness

Someone commits lewdness or indecent exposure when they expose their genitals or commits any other obscene act somewhere they know or can reasonably expect other non-consenting individuals might see them.

Failure to Register as a Sex Offender

Convicted sex offenders are required to submit their name to a statewide sex offender registry per New Jersey law. Not doing so is a crime distinct from other chargers.

Where Are Sex Crime Cases Heard in Union County, NJ?

When New Jersey prosecutors choose to bring sex crime charges in Union County, the location of the subsequent hearing depends on the nature of the alleged offense. If you are charged with an indictable offense, which is New Jersey’s equivalent to what other states call a felony, your case will go to the Union County Superior Court in Elizabeth, NJ. The Superior Court hears cases involving charges for serious sex crimes such as rape or sexual battery.

If you have been charged with a sex crime that counts as a disorderly persons offense, such as certain lewdness- or prostitution-related offenses, your case will go to one of the following municipal courts in Union County:

What Sex Crimes in New Jersey Are Misdemeanors?

New Jersey does not classify criminal acts as misdemeanors or felonies. Instead, equivalent misdemeanor offenses are petty disorderly persons offenses or disorderly persons offenses. Examples of sex crimes that might count as petty disorderly persons offenses or disorderly persons offenses include:

• Lewdness (indecent exposure)
• Prostitution or solicitation
• Other public conduct of a sexual nature

What Sex Crimes in New Jersey Are Felonies?

New Jersey calls the more serious class of crime an indictable offense rather than a felony. Indictable offenses of a sexual nature include:

What Are Common Penalties for Sex Crimes in New Jersey?

Under New Jersey laws, sex crimes are punished harshly, and the possible penalties for a sex crime conviction are severe. Sex crime penalties can vary significantly depending on the nature of the act and the relative age of the victim.

Common penalties for convicted sex offenders in New Jersey include fines, probation, restraining orders, incarceration, and registry as a sex offender. Here are the maximum penalties for convicted offenders of different levels of offenses in New Jersey:

• Petty Disorderly Persons Offenses – Punishable by up to $500 in fines.
• Disorderly Persons Offenses – Punishable by up to $1,000 in fines and up to six months in jail.
• Fourth-Degree Indictable Crimes – Punishable by up to $10,000 in fines and up to 18 months in jail.
• Third-Degree Indictable Crimes – Punishable by up to $15,000 in fines and three to five years in jail.
• Second-Degree Indictable Crimes – Punishable by up to $150,000 in fines and five to 10 years in jail.
• First-Degree Indictable Crimes – Punishable by up to $200,000 in fines and 10 to 20 years in jail.

What Is the New Jersey Sex Offender Registry?

When someone pleads guilty to or is convicted of a sex crime in New Jersey, the court might require them to register as a sex offender under Megan’s Law. The person must report their registration to the local police and might also need to notify nearby schools and certain other organizations. Sex offender registrations are a matter of public record in serious cases.

Prosecutors classify registered sex offenders into the following tiers based on the level of risk they pose to their community:

• Tier I – Tier I offenders are low-risk individuals who only need to notify their local law enforcement agencies upon registration.
• Tier II – Tier II offenders are moderate-risk individuals who must notify local schools, daycares, summer camps, and other community organizations in addition to the police.
• Tier III – Tier III offenders are the highest-risk individuals who must publish their information on public websites in addition to notifying the police and community.

What Should I Do if I Have Been Arrested and Accused of Committing a Sex Crime in Union County, NJ?

If you have been arrested or are facing accusations on suspicion of sex crimes in New Jersey, you should take the following steps to protect your rights as soon as possible:

• Stay as calm and polite as you can while in police custody, even if you believe the police have made a mistake in arresting you. Resisting arrest or offending police officers can only make things worse – and may result in additional charges.
• Exercise your Fifth Amendment rights by politely refusing to answer any police questions. If the police demand a response to their interrogation, tell them explicitly that you will continue to remain silent until you have a lawyer present.
• Try to remember the names and badge numbers of any police officers who interact with you. Write down anything that stands out during any police encounters so you can reference it later.
• Contact a Union County, NJ, sex crime defense attorney immediately for professional assistance.

What Can a Union County Sex Crime Lawyer Do for My Case?

You can count on a Union County sex crime attorney from the Law Offices of Jonathan F. Marshall to help you by:

• Working to have you released on bail or on your own recognizance if the police still have you in custody.
• Conducting an independent investigation into your case to review the prosecution’s evidence and identify additional evidence in your defense.
• Arguing against the use of suspect evidence for your case in court.
• Checking for administrative or procedural errors on the part of the police or prosecutors, such as an illegal search or fabricated evidence.
• Cross-examining alleged victims or witnesses to clarify damaging testimony.
• Consulting with character witnesses and experts who can testify on your behalf.
• Working to have the charges against you reduced or dismissed outright.

Contact a Union County Sex Crime Attorney Today

If you or someone you love is facing sex crime charges in New Jersey, The Law Offices of Jonathan F. Marshall can help. Our trusted team includes multiple former prosecutors who can give your case the professional and knowledgeable attention you deserve. Contact us now to tell us your story in a free initial consultation session with a Union County sex crime lawyer.