Criminal charges in New Jersey stemming from misuse of the internet, such as cybersex crimes, are almost always felonies. You will be indicted for a crime of the third, second, or first degree and likely tried in the local County Superior Court if you have been charged with a cybersex crime. If convicted, you will face prison time, thousands of dollars in fines, as well as required registration as a sex offender.
What is Considered an Internet Sex Crime in New Jersey?
Cybercrimes are criminal offenses typically committed online using computers, tablets, smartphones, or other digital devices. A sex crime is any offense that has a sexual component, whether it involves unwanted physical contact or acts meant to arouse the perpetrator or others. A cybersex crime is an offense in which an illegal activity that is sexual in nature is committed online.
If you have been charged with a cybersex crime, it is crucial that you exercise your legal right to remain silent and to have a defense lawyer present during all police questioning. If investigators have seized your computer, tablet, cellphone, or other devices, you need to speak to an internet sex crimes attorney as soon as possible.
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall represent clients in New Jersey who have been accused of cybersex crimes. Our hand-select defense team includes former prosecutors and public defenders from across New Jersey who have a deep knowledge of the criminal justice system. Founding attorney Jonathan F. Marshall has been representing individuals accused of a wide variety of state and federal criminal offenses since 1993.
Types of Internet Sex Crimes
Among the most frequently charged cybersex crimes in New Jersey are:
- Child pornography offenses. Possession of child pornography may be charged as a third-, second-, or first-degree offense, depending on the number of images involved. Distribution of child pornography may be charged as a second or first-degree offense for creating images. It is also a first-degree offense to cause or allow a child to perform an act or pose for the purpose of creating child pornography, which may also be charged as endangering the welfare of a child. It is also possible to face federal child pornography charges, particularly if the images have been exchanged across state lines.
- Cyberstalking. Cyber-harassment, or cyberstalking, becomes a sex crime when a perpetrator sends, posts, comments, requests, or proposes lewd, indecent, or obscene material about a person with the intent to cause emotional harm. This is also known as illegal “sexting.” Sending obscene material to a third party to cause embarrassment or fear is known as “revenge porn.” Cyberstalking is a crime of the fourth degree unless a person 21 years old or older at the time of the offense impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.
- Luring or enticing. It is a second-degree offense to attempt via computer or other electronic means to lure or entice a child to meet to commit a criminal offense, such as a sexual offense. It is a third-degree crime to use the internet or other electronic means to lure an adult to a place to commit a crime against them.
Charges and Penalties for Cybersex Crimes in New Jersey
Cybersex crime charges are serious offenses. They are indictable offenses in New Jersey, comparable to felony charges in other jurisdictions.
Under New Jersey law:
- A first-degree indictable offense is punishable by 10 to 20 years in prison and a fine of up to $200,000.
- A second-degree offense is punishable by 5 to 10 years in prison and a fine of up to $150,000.
- A third-degree offense is punishable by 3 to 5 years in prison and a fine of up to $15,000.
- A fourth-degree offense is punishable by up to 18 months in prison and a fine of up to $10,000.
Being convicted of a sex crime may require registering with the State of New Jersey as a sex offender under Megan’s Law. Registering as a sex offender requires the individual to report to local police and may include notification of their status to schools or other organizations near the registrant’s home and place of business. In some cases, names on the N.J. sex offender registry are made available to the public.
Facing Cybersex Crimes in NJ? Expert Legal Defense by Jonathan F. Marshall’s Team
If you have been charged with a cybersex crime in New Jersey, you need a strong legal defense crafted by experienced N.J. sex crime attorneys. Computer crime cases are typically built upon circumstantial evidence. This offers skilled defense attorneys opportunities to question the charges and raise a reasonable doubt about an individual’s guilt.
When law enforcement officials ask about your involvement in cybersex crimes, you should state clearly that you would like to speak to an attorney before answering any questions. You should promptly contact the Law Offices of Jonathan F. Marshall. If there is an active investigation, there’s no way to know how long you and your computer activities have been under surveillance. If the investigation has taken place at your workplace, your computer and electronic devices could easily have been searched while you were absent.
As your attorneys, we can obtain the forensic evidence being used against you and have it examined by skilled computer professionals who we often hire as expert witnesses. Their work may help us propose alternative theories that create doubt about the prosecution’s case. If your case goes forward, part of our defense may be to have our computer consultants testify as expert witnesses on your behalf.
Our highly experienced New Jersey legal team can mount a solid defense against cybersex crime charges. Phone (856) 565-3635 or complete our online form to schedule a free initial legal consultation today.
