Charged with Child Molestation in NJ?

There are few charges that can destroy your reputation in the community faster than an accusation of child molestation.  That is only the beginning of the damage to your life that can result from a conviction of this very serious criminal charge.  If you have been arrested for this offense, it is critical that you contact an experienced New Jersey criminal defense lawyer without delay.  The actions taken by the defense in such cases become critical to your future.  If you are convicted of this charge, you will likely face an extended period of time in state prison, and a felony conviction on your criminal record, in addition to sex offender registration and possible community supervision for life.

Child Molestation Defense Lawyer in NJ

These charges in some cases have been found to be completely false, and the individual accused is innocent.  Whether innocent or not, you are still faced with the fact that you must defend yourself in court if you hope to avoid conviction.   In such a serious offense, it is crucial that you have an extremely skilled and seasoned defense lawyer to immediately begin the actions for your defense.  At the Law Rafael Gomez, he is prepared to act quickly on behalf of the client charged with this serious offense.  The defense attorney is creative and aggressive and will exploit any possible flaw in the case relentlessly.  You can be assured that your case will be a priority.  It is understood the damage that can occur if you are convicted of this charge.

If you are convicted of a child molestation charge, you will be required to become a "registered sex offender".  This means that any person in your neighborhood can see your name, address and photograph and the crime that you committed.  Moving to another state will not protect you, as these rules exist all across the USA.   It is absolutely critical that you have powerful legal representation fighting for you and that the lawyer begins defending you at once if you have been charged with child molestation in New Jersey.

A charge of child molestation is almost always accompanied by a charge of endangering the welfare of a child.

2C:24-4. Endangering welfare of children.

     2C:24-4. Endangering Welfare of Children.

     a.     Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

     b. (1) As used in this subsection:

     "Child" means any person under 16 years of age.

     "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

     "Prohibited sexual act" means

     (a)     Sexual intercourse; or

     (b)     Anal intercourse; or

     (c)     Masturbation; or

     (d)     Bestiality; or

     (e)     Sadism; or

     (f)     Masochism; or

     (g)     Fellatio; or

     (h)     Cunnilingus;

     (i)     Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or

     (j)     Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.

     "Reproduction" means, but is not limited to, computer generated images.

     (2)     (Deleted by amendment, P.L.2001, c.291).

     (3)     A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.

     (4)     Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.

     (5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.

     (b)     Any person who knowingly possesses or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the fourth degree.

     (6)     For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.

Charges of sexual assault on a minor are described in N.J.S. 2C:14-2.

2C:14-2. Sexual assault.

     2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

     (1)     The victim is less than 13 years old;

     (2)     The victim is at least 13 but less than 16 years old; and

     (a)     The actor is related to the victim by blood or affinity to the third degree, or

     (b)     The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

     (c)     The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

     (3)     The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

     (4)     The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

     (5)     The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

     (6)     The actor uses physical force or coercion and severe personal injury is sustained by the victim;

     (7)     The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

     Aggravated sexual assault is a crime of the first degree.

     b.     An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

     c.     An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

     (1)     The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

     (2)     The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

     (3)     The victim is at least 16 but less than 18 years old and:

     (a)     The actor is related to the victim by blood or affinity to the third degree; or

     (b)     The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

     (c)     The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

     (4)     The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

     Sexual assault is a crime of the second degree.