South Jersey Sex Crime Lawyers
Experienced Criminal Attorneys Defend Against Sex Crime Charges in Camden, Burlington and Gloucester County, NJ
Being accused of a sex crime may be the most serious challenge you face in your entire life. The humiliation, embarrassment, and shame are unmatched by almost any other crime. At Aydelotte & Scardella Law LLC, we understand that just the accusation can be as damaging as an arrest or conviction.
Maybe it was a misunderstanding or an honest mistake. Or even worse, this is a completely untrue allegation. Whatever is going on, the mere association with a sex crime can carry a stigma and the sex crime lawyers of Aydelotte & Scardella Law LLC know the urgency your situation demands.
Your case has a complex set of facts. Aydelotte & Scardella Law LLC empathizes with your predicament. It’s not our job to judge. Instead, we will explain your legal options and defend you to the fullest extent of the law.
What Qualifies as a Sex Crime in New Jersey?
Basically, a sex crime is any form of unwanted sexual behavior that a New Jersey statue has declared illegal. This can include a wide range of behaviors from sending sexual messages online to rape. Additional sex crimes recognized by New Jersey law may include:
- Sexual assault
- Aggravated sexual assault
- Violation of sex offender registry requirement (Megan’s Law)
- Distribution or possession of child pornography
- Endangering the welfare of a child
- Criminal sexual contact
Sexual Assault in South Jersey
When most people think of a sex crime, they usually think of rape. In New Jersey, the term “sexual assault” is the legal term for rape.
The exact definition of sexual assault under New Jersey law isn’t that straightforward. However, it’s essentially sexual contact or penetration without the consent of the victim or when the victim is unable to consent.
It’s this last part concerning the inability to consent that often causes problems for individuals accused of a sex crime.
For example, if the victim is below a certain age or subject to the perpetrator’s legal authority, sexual assault can exist. This is true even if the victim initiated the sexual encounter.
New Jersey’s Sex Offender Registry (Megan’s Law)
New Jersey has its own Megan’s Law that requires the registration of sex offenders. This registry can be accessed online through a database operated by the New Jersey’s Division of State Police.
When registering, you will need to provide your name, address, and photograph. You will also be required to re-register when you move or have a new address.
When you have a new address, you must notify the local police at least 10 days before the move. In some cases, you may need to verify your address every 90 days.
Who is required to register under New Jersey’s Megan’s Law?
N.J.S.A. 2C:7-2 states that:
“A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of this section shall register as provided in subsections c. and d. of this section.”
So the question becomes, what is a “sex offense” as described in N.J.S.A. 2C:7-2? A complete answer is a bit complicated. But for the most part, it includes:
- Aggravated sexual assault.
- Sexual assault.
- Aggravated criminal sexual contact.
- Kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1.
An attempt to commit any of the above may also qualify for sex offender registry if a court finds that the conduct was “characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction.”
A sex offense requiring registration also consists of the following crimes:
- Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4.
- Endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4.
- Luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6).
- Criminal sexual contact pursuant to N.J.S.2C:14-3b if the victim is a minor.
- Knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1.
- Kidnapping pursuant to N.J.S.2C:13-1 if the victim is a minor and the offender is not the parent of the victim.
- Criminal restraint pursuant to N.J.S.2C:13-2 if the victim is a minor and the offender is not the parent of the victim.
- False imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim.
Determining who needs to register is not a simple question to answer. There are even exceptions concerning minors consenting to the exchange of sexually explicit pictures of themselves. This is more reason to have the help of an attorney if you’re facing a potential sex crime charge.
Aydelotte & Scardella Law LLC Can Help If You’re Facing a New Jersey Sex Crime Offense
These are trying times for you. You are looking at the possibility of losing your family, career, and reputation. With so much on the line, you need to contact us.
We have the patience and compassion to listen to all the facts of your case and defend you to the fullest extent possible under the law. This is not the time to see if you can fix things on your own. You need a skilled and experienced sex crimes defense attorney on your side.
The initial consultation with us is free. You have nothing to lose by seeing how we can help you.
Frequently Asked Questions About Sex Crimes in New Jersey
Yes. Failing to comply with New Jersey’s Megan’s Law requirements is a fourth degree crime. It’s your responsibility to keep up with your registration responsibilities.
Yes and no. If a court says you must register on New Jersey’s sex offender registry, then you must do so for the rest of your life.
However, in certain situations, you may ask the court to remove you from the sex offender registry. For example, you can ask to be removed if:
– You have not committed another offense in 15 years; and
– Can prove you are not a threat to the safety of others.