The internet has transformed the way people communicate, but it has also led to increased law enforcement surveillance and prosecution of online sex crimes. In New Jersey, internet sex crimes are aggressively prosecuted, with penalties that can include lengthy prison sentences, fines, and mandatory registration under Megan’s Law.
If you are under investigation or facing charges related to an internet sex crime in New Jersey, it’s critical to understand the laws, the role of digital evidence, and your legal rights. An experienced criminal defense attorney can help you fight these charges and protect your future.
Common Internet Sex Crimes in New Jersey
New Jersey law covers a range of offenses involving the internet and electronic communication. Some of the most common internet sex crime charges include:
1. Online Enticement of a Minor (N.J.S.A. 2C:13-6)
- Also known as luring, this crime involves using the internet to attempt to persuade a minor to engage in sexual activity.
- Even if no physical meeting occurs, merely communicating with the intent to entice can lead to second-degree criminal charges with a mandatory prison sentence of 5 to 10 years.
2. Internet Solicitation of a Minor (N.J.S.A. 2C:24-4)
- Soliciting a minor for sexual purposes through chat rooms, text messages, or social media is a serious criminal offense.
- Even if the person communicating is actually an undercover officer posing as a minor, the intent to solicit is enough to result in charges.
- Conviction can require Megan’s Law registration, leading to lifelong consequences.
3. Possession and Distribution of Child Pornography (N.J.S.A. 2C:24-4(b))
- Possessing, downloading, or sharing sexually explicit images of minors is a felony offense in New Jersey.
- Even accidental downloads or cached files on a computer can lead to criminal charges.
- Penalties include:
- Possession: 3 to 5 years in prison.
- Distribution: 5 to 10 years in prison, with fines up to $250,000.
4. Revenge Porn (N.J.S.A. 2C:14-9)
- Sharing or posting explicit images of another person without their consent is a crime, even if the images were originally shared voluntarily.
- This is a third-degree crime in New Jersey, punishable by up to 5 years in prison and substantial fines.
5. Prostitution and Sex Trafficking Solicitation (N.J.S.A. 2C:34-1)
- Engaging in online discussions or transactions related to prostitution or human trafficking can lead to felony charges.
- Law enforcement frequently conducts sting operations, posing as prostitutes or traffickers to catch individuals attempting to solicit sexual services.
How Digital Evidence Is Used in Internet Sex Crime Cases
In internet sex crime cases, digital evidence plays a key role in the prosecution. This may include:
Chat logs and text messages – Conversations from social media, dating apps, or chat rooms.
Emails and online searches – Any electronic communication that suggests intent.
IP address tracking – Identifying the user’s location and device used for the alleged crime.
Forensic analysis of computers and phones – Law enforcement may seize devices to recover deleted files and browsing history.
Even if you delete content, digital forensic experts can often retrieve data, which prosecutors use as evidence. If your electronic devices have been seized, it is crucial to consult a defense attorney immediately.
Defenses Against Internet Sex Crime Charges
Just because you were arrested for an internet sex crime does not mean you will be convicted. A skilled attorney can challenge the evidence and protect your rights using several legal defenses:
1. Entrapment
- Police sting operations sometimes cross the line into entrapment, where law enforcement induces someone to commit a crime they otherwise wouldn’t have.
- If an officer pressured or manipulated you into an illegal act, your attorney may argue entrapment as a defense.
2. Lack of Criminal Intent
- Prosecutors must prove intent to commit a crime. If the communications were misunderstood, misinterpreted, or taken out of context, this can be used as a defense.
3. Mistaken Identity
- Many online crimes rely on IP addresses and digital records, which do not always prove who was using the device at the time.
- If multiple people had access to your computer, phone, or internet account, your attorney can argue mistaken identity.
4. Unlawful Search and Seizure
- Police must follow strict procedures when seizing computers and devices.
- If law enforcement obtained evidence without a valid warrant or probable cause, your attorney may be able to suppress it.
5. Accidental Possession
- Some defendants unknowingly download illegal material through pop-ups, spam emails, or malware.
- If you did not knowingly possess illegal content, this can serve as a defense.
Why You Need an Experienced Defense Attorney
Internet sex crime charges are highly complex and carry severe consequences, including:
- Prison sentences ranging from 3 to 10+ years.
- Sex offender registration (Megan’s Law), which affects employment, housing, and personal relationships.
- Permanent criminal records that cannot easily be expunged.
An experienced criminal defense attorney can:
Challenge the evidence used against you.
Protect your constitutional rights.
Negotiate for reduced charges or alternative sentencing.
Fight to get charges dismissed if your rights were violated.
Take Action Now – Protect Your Future
If you are facing internet sex crime charges in New Jersey, time is critical. Prosecutors are aggressive, and digital evidence can be difficult to challenge without an experienced defense strategy.
Don’t face these charges alone. Contact Attorney Anthony N. Palumbo today for a confidential consultation. With over 35 years of experience handling sex crime defense cases, Attorney Palumbo can provide the aggressive legal representation you need.
Call 908-987-2937 or fill out our online contact form to discuss your case today. Your future is worth fighting for.
