Luring, enticing and solicitation charges are governed by statute N.J.S.A. 2C:13-6 which provides in pertinent part:

§ 2C:13-6. Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment…

a. A person commits a crime of the second degree if he attempts, via electronic or any other means, 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, with a purpose to commit a criminal offense with or against the child…

d. A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.A. 2C:43-7, 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 is sentenced pursuant to N.J.S.A. 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…

f. Notwithstanding the provisions of N.J.S.A. 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, and the court shall impose separate sentences upon each violation of this section and any other criminal offense. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.

Penalties: A Second-Degree Crime and Megan’s Law Registration Requirements

As the above statute details, this sexual offense is a second-degree crime which includes between five (5) and ten (10) years in New Jersey state prison if convicted. Moreover, it is important to remember that second degree offenses in New Jersey have a presumption of incarceration. As a result, even if the defendant has no prior record and is convicted of a second degree crime, the defendant is looking at a State prison sentence (5 years being the minimum). Further, this sex offense also has Megan’s Law registration implications.