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There are special sentencing considerations for someone facing a second or subsequent aggravated sexual assault, sexual assault or aggravated criminal sexual contact in New Jersey. There are also enhanced consequences for someone charged with luring a child and prostitution. This article is directed at the unique penalties and sentencing questions presented when someone is a repeat offender in any of these contexts. If you have more detailed questions or would like to discuss a NJ sex offense with an attorney at the Law Offices of Jonathan F. Marshall, call 1-877-328-0980. One of the lawyers on our staff will be more than happy to provide you with the benefit of their insight.
What Happens If Someone Is Convicted of a Second or Subsequent Offense For Sexual Assault, Aggravated Sexual Assault or Aggravated Criminal Sexual Contact?
The requirements of N.J.S.A. 2C:14-6 are triggered when someone is charged and convicted of a repeat offense under N.J.S.A. 2C:14-2 (Sexual Assault & Aggravated Sexual Assault) or N.J.S.A. 2C:14-3a (Aggravated Sexual Contact). An individual must be sentenced to a mandatory minimum term of imprisonment of at least five (5) years when this is the case. The defendant may serve the term at the ADTC/Avenel or in state prison. The Superior Court judge is also precluded from suspending any of this term of incarceration.
Can An Out Of State Conviction Be Used To Impose A Mandatory Minimum Term Of Imprisonment Under 2C:14-6?
Yes. A person is considered a repeat offender under this law if they have been convicted of the substantial equivalent to sexual assault, aggravated sexual assault or aggravated criminal sexual contact in another state.
How Does The No Early Release Act Apply In A Repeat Offender Sex Case?
The requirement of the No Early Release Act (“NERA”) that a defendant serve at least 85% of their sentence supersedes the enhancement imposed under 2C:14-6. This means that an individual convicted of a NERA offense must serve a much longer period parole ineligibility before they can be considered for parole.
Is There Any Other Sentencing Enhancements When Someone Is Convicted Of A Sex Charge?
Yes. A second or subsequent conviction for luring a child carries a mandatory minimum sentence of at least one-third of the sentence imposed or 3 years, whichever is greater. This parole ineligibility is increased to a minimum of 5 years if the defendant has a prior conviction for sexual assault, aggravated sexual assault, aggravated criminal sexual contact or endangering the welfare of a child.
In terms of prostitution, there is also a sentencing enhancement where someone is convicted of a second or subsequent offense. A basic charge for prostitution (i.e. personally offering sexual activity for money) is typically a disorderly persons offense but is enhanced to a fourth-degree crime upon conviction for a second or subsequent violation. A fourth or substance conviction results in a third-degree crime.
Our New Jersey Sex Offense Defense Lawyers Are Ready To Help You
There is a potential minefield created for someone charged with a second or more sex offense. Hiring the best attorney that an individual can find is extremely important for those falling within this category. Here at the Law Offices of Jonathan F. Marshall, we have a team of accomplished lawyers that are fully capable of mounting a successful defense on your behalf. For a free consultation with a lawyer at the firm, call 1-877-328-0980.
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