The crime of luring might sound unfamiliar, but it is commonly implicated in crimes like kidnapping. Luring involves convincing someone to come with you, often to a different location, for a criminal purpose. The person being lured typically is unaware of the criminal intentions of the other person.
Luring is often connected with kidnapping and sexual offenses. However, the crime of luring requires only the attempt to entice someone to go with you or meet you somewhere. Even if the person being lured runs away or does not meet up with you, you can be charged. Luring also requires criminal intent. You should not be criminally charged if you had no criminal intentions in the alleged luring incident.
Luring is a rather serious offense commonly connected to other very serious offenses. Our New Jersey criminal defense attorneys can help you fight your charges. Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.
What Is Considered Luring in New Jersey
Luring is an independent crime on its own, but it often precedes other offenses like kidnapping. Luring involves enticing someone to go with you or meet you somewhere. The enticement may involve convincing or coaxing the alleged victim into going with you to a second location. These charges are quite serious, and our Atlantic City criminal defense lawyers can help you protect yourself from the overreach of law enforcement.
Luring can be charged if you try to entice or coax someone into your car, a structure like a home or other building, or a secluded location. Luring can also be charged for convincing someone to meet you at a certain location rather than enticing them to come with you to that location. Luring is complete when the attempt is made. Luring does not have to be successful for criminal charges to be assessed.
The enticement that is required for luring may take many forms. It can be done face-to-face or by electronic means. In today’s modern world, where almost everyone is connected to the internet somehow, luring may happen digitally. Emails, phone calls, text messages, or social media messages can all constitute enticement for luring charges.
While luring is sometimes connected to kidnapping, they are two separate criminal charges. Kidnapping may occur after luring is completed. For example, enticing someone to mee you in a secluded location only to force them into your car and drive away would be luring and kidnapping. Enticing someone to meet you in an alley only to rob them is not kidnapping but may be charged as luring and robbery.
Criminal Charges for Luring an Adult in New Jersey
There are separate charges for luring adults and children. Luring an adult is covered under N.J.S.A. § 2C:13-17 and may be charged as a third-degree crime. A third-degree crime may be punished by at least 3 years but no more than 5 in state prison. Our Cape May criminal defense attorneys can help you protect your rights while arguing against these charges.
For a subsequent conviction under this statute, you might face upgraded penalties. While the degree of your charges does not increase, the potential mandatory minimum sentence in your case increases. For a subsequent conviction, you might be required to spend a minimum of one-third to one-half of your total sentence behind bars. You will not be eligible for parole during this time.
You might also face upgraded mandatory minimum sentences if you were previously convicted of certain other offenses. For example, if you were previously convicted for sexual assault or criminal sexual contact, you may be sentenced to a higher mandatory minimum prison sentence for a luring conviction.
Criminal Charges for Luring a Child in New Jersey
The charges for luring a child are similar to those for luring adults. The key difference is that the charges for luring a child are upgraded by one degree. You can be charged with a second-degree crime for luring a child and punished by 5 to 10 years in prison.
Many of the sentencing enhancements surrounding luring an adult also apply to luring children. That means that previous convictions for luring or certain other offenses may lead to increased mandatory minimum sentences. Since the total penalty for a conviction for luring a child is generally longer than that for an adult, you can expect any mandatory minimum sentences to be longer too.
In any case of suspected luring, but especially in cases involving children, you can expect your motives to be heavily scrutinized. Luring requires criminal intent. This intent could be something like kidnapping or a planned robbery. You should expect law enforcement to assume the worst and accuse you of very severe crimes. Luring is often connected to kidnappings, sexual assaults, and human trafficking. Our Egg Harbor criminal defense attorneys can help you defend yourself against trumped-up or bogus charges.
Defenses to Luring Charges in New Jersey
Criminal charges for luring come with several important elements that must be satisfied for your charges to stick. Luring involves some sort of enticement, a location, and a criminal purpose. Our New Jersey criminal defense attorneys can help you undermine these elements to fight your charges.
Defense to Enticement
The enticement is critical to luring charges. Enticement might involve doing or saying something to convince someone to go with you or meet you somewhere. For example, enticing someone could mean asking them out on a date only to rob them when they get there. Our team can help you argue that there was no enticement. Perhaps you did not convince someone to go with you, but they willingly followed without you requesting them to follow.
Defense to the Location
The location is another important element of luring. Cars, structures, and secluded areas are required specifically in cases where you entice someone to follow you. However, any place could be used in a luring incident where you entice someone to meet with you later. The use of a public place might raise doubts about your alleged criminal intent. If you met the alleged victim in a crowded mall, it is less likely you wanted to lure them into some sort of crime or trap. Although use of a public location does not definitively disprove guilt, it might lend support to your case.
Defense to Criminal Intent
Your charges for luring cannot stick unless you had a criminal purpose behind your actions. Luring involves enticing someone to come with you so you can commit a crime against them or someone else. If there was no criminal purpose, there is no crime of luring. Perhaps you were accused of luring as a result of a misunderstanding. We can help you prove you had no criminal purpose.
Intent is difficult to prove but not impossible. Perhaps you had a justifiable reason for luring someone. For example, perhaps you enticed a neighbor child to come into your home, but only because there was a dangerous dog outside, and you wanted to get the child to safety without alarming them.
Also, as discussed above, the location of the alleged luring can provide insight into intent. We can more easily disprove criminal intent if the alleged luring involved a location in which no crime could be committed or a crime was highly unlikely.
Contact Our New Jersey Criminal Defense Attorneys
If you are charged with luring, our Ocean City criminal defense attorneys can help you fight your case and protect your rights. Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.