Sexual Offenses Lawyer | Toms River, Ocean County, NJ

Being charged with sexual offenses is embarrassing and comes with strict penalties and possible imprisonment. The most common sexual offenses and penalties in New Jersey are outlined below.

Convicted of Lewdness

Lewdness is a minor sexual offense in New Jersey. The crime is described as any act that is considered "lewd and offensive." To be convicted of this crime, it must be alarming to non-consenting persons or people who didn't want to see the act committed. If convicted of lewdness, a disorderly persons offense, you could encounter a $1,000 fine and up to six months in jail. Lewdness is a 4th degree felony with an 18-month prison sentence and $10,000 in fines, if the person accused of the crime did so in an area that was likely to be observed by a child less than 13 years old or a person who suffers from a mental disease and is unlikely to understand the sexual nature of the act performed.

Sexting Charges

Sexting is a serious sexual offense that can result in felony charges for distribution of child pornography. Sexting is popular with teens and includes sending or receiving sexually explicit texts or emails. If convicted of distribution of child pornography a teen could be required to register as a sexual offender. Due to the severe punishments for this crime, it is important for teens and parents to attain legal representation as soon as possible.

Sexual Assault Charges in New Jersey

Sexual assault is the legal term for rape and related offenses. Sexual assault is a 2nd-degree crime and carries a prison sentence of up to 10 years if convicted. New Jersey law requires a person convicted of this crime to serve at least five years in prison before being eligible for parole. You can be charged with sexual assault if any of the conditions below apply.

  1. Sexual contact with a person under the age of 13, if you are over 17
  2. Committed sexual penetration when:
    • Using physical force that did not result in injury to the victim
    • Victim is under your control
    • Victim is 16 to 18 and you have control over them, or they are related to you
    • Victim is 13 to 16 and you are at least 4 years older

Charges for Aggravated Sexual Assault

Aggravated sexual assault is the most serious of sexual assaults. It is a 1st-degree crime and is punishable by at least 20 years in prison. If convicted of this crime, it is mandatory to serve at least 5 years in prison before becoming eligible for parole. You can be convicted of aggravated sexual assault if any of the following applies to your situation.

  1. Victim is less than 13 years old
  2. Victim is 13 to 16, is related to you, or you have control over them
  3. Sexual assault is committed during the act of another crime
  4. A weapon is used
  5. You work with someone else and force is used
  6. Victim is physically challenged or otherwise incapacitated

New Jersey Defense Attorney

If you are being charged with sexual assault, lewdness, or any other sexual offenses, you need an attorney to advocate on your behalf. The long lasting repercussions of such charges are harsh, and if labeled a sexual offender, it can never be undone. A defense attorney will not judge your situation and will instead defend you to get the best results in court.

Contact Daniel E. Berger, ESQ., to seek advice on your sexual offenses charges. Mr. Berger is available and offers free consultations and immediate assistance.