Being accused of a sex crime is one of the most frightening experiences a person can face. The charge alone can cost you your job, your home and your relationships long before a judge or jury hears any evidence. A conviction can mean years in state prison, lifetime registration under Megan’s Law and parole supervision for the rest of your life. Because so much is at stake, what you do in the first days after you learn about an investigation often matters as much as anything that happens later in court.
The Mercer County sex crimes defense lawyers at Keith Oliver Criminal Law represent people charged with sexual assault, criminal sexual contact, endangering the welfare of a child, luring, lewdness, invasion of privacy and internet sex offenses in Trenton, Hamilton, Ewing, Lawrence, Princeton, West Windsor and every other Mercer County town. Our Mercer County office is at 100 Horizon Center Boulevard in Hamilton. Call (609) 789-0779 for a free, confidential consultation, 24/7.
Mercer County Sex Crime Charges at a Glance
Use the filters to narrow the list, then click any charge to read our detailed guide. The meter on each card shows how serious the charge typically is, from disorderly persons offenses to first degree crimes.
How Sex Crime Investigations Work in Mercer County
Most sex crime cases in Mercer County are investigated by detectives from the Mercer County Prosecutor’s Office, which assigns these cases to a specialized unit of prosecutors and investigators who handle sexual assault and child abuse allegations. Local police departments in Trenton, Hamilton, Ewing and other towns usually take the first report and then work with the prosecutor’s detectives.
Many of these cases begin long before an arrest. A complaint may come from an adult who reports an assault, from a parent, a school, a doctor or a counselor, or from an online tip about images or chats. Investigators commonly use several tools:
- Recorded interviews. Adults who report an assault are interviewed on video. Children are usually interviewed by a trained forensic interviewer, and the recording often becomes central evidence.
- Medical and forensic exams. A sexual assault nurse examiner may collect DNA and document injuries.
- Consensual intercepts. New Jersey allows police to record a phone call between the accuser and the suspect with the accuser’s consent. These “pretext calls” are designed to get the suspect to apologize or say something that sounds like an admission.
- Digital evidence. Phones, laptops, social media accounts, dating apps and cloud storage are searched with warrants. In internet cases, detectives may pose as minors in chat rooms.
- A request to “just tell your side.” Detectives often call a suspect and ask them to come in voluntarily. The goal of that interview is to obtain statements that can be used in court.
If a detective contacts you, or if you suspect you are under investigation, do not discuss the allegation with the detective, the accuser or anyone else, and do not delete messages or files. Call a lawyer first. An attorney can communicate with the prosecutor’s office for you, and in some cases early intervention keeps charges from being filed at all.
Common Sex Crimes Charged in Mercer County
New Jersey’s sex offense statutes are found mainly in Chapter 14 of the Criminal Code, with related offenses in other chapters. The most common charges we defend include:
Aggravated sexual assault (N.J.S.A. 2C:14-2a)
Sexual penetration under aggravating circumstances, such as with a victim under 13, during another serious crime, while armed, with severe injury, or with a victim who is physically helpless or mentally incapacitated. It is a first degree crime carrying 10 to 20 years in prison, subject to the No Early Release Act, which requires serving 85 percent of the sentence before parole. An adult convicted of aggravated sexual assault on a child under 13 faces a mandatory minimum of 25 years without parole, up to life.
Sexual assault (N.J.S.A. 2C:14-2b and 2c)
Sexual penetration using physical force or coercion without severe injury, or sexual contact with a child under 13 by someone at least four years older. It also includes penetration of a victim who is 13 to 15 years old when the actor is at least four years older, and certain cases involving a supervisory or disciplinary relationship. Sexual assault is a second degree crime carrying 5 to 10 years, also subject to the 85 percent parole bar.
Aggravated criminal sexual contact and criminal sexual contact (N.J.S.A. 2C:14-3)
Sexual contact means intentional touching of intimate parts, directly or through clothing, for the purpose of sexual arousal or gratification or to degrade or humiliate. Contact under the aggravating circumstances listed above is a third degree crime with 3 to 5 years in prison. Without aggravating circumstances, criminal sexual contact is a fourth degree crime with up to 18 months.
Endangering the welfare of a child (N.J.S.A. 2C:24-4)
Engaging in sexual conduct that would impair or debauch the morals of a child, or causing harm that would make a child abused or neglected. It is a second degree crime for a parent, guardian or anyone with a legal duty or assumed responsibility for the child, and a third degree crime for others. The same statute covers offenses involving child sexual abuse material, which are graded from third to first degree depending on the conduct and the number of items.
Luring or enticing a child (N.J.S.A. 2C:13-6)
Attempting to lure a child into a vehicle, building or isolated place, including through electronic communication, with the purpose of committing a crime against the child. It is a second degree crime and is frequently charged after online sting operations.
Lewdness, invasion of privacy and prostitution
Lewdness under N.J.S.A. 2C:14-4 is generally a disorderly persons offense heard in municipal court, but exposure to a child under 13 for sexual gratification is a fourth degree crime. Invasion of privacy under N.J.S.A. 2C:14-9, which covers secretly observing, photographing or recording someone, or sharing intimate images without consent, is a third or fourth degree crime. Prostitution and solicitation are usually disorderly persons offenses, while promoting prostitution or any offense involving a minor is graded much higher.
Penalties for Sex Crimes in New Jersey
Like other indictable offenses, sex crimes are punished according to their degree. The chart below shows the ordinary prison ranges and examples of sex offenses at each level.
The prison term is only part of the sentence. Depending on the offense, a conviction can also bring:
- The No Early Release Act. First and second degree sexual assault convictions require serving 85 percent of the sentence before parole eligibility, followed by a period of parole supervision.
- Megan’s Law registration. Most sex offense convictions require registering with local police, verifying your address regularly and, for higher tiers, community notification and internet listing.
- Parole supervision for life. Many offenses add lifetime parole supervision with conditions such as curfews, internet monitoring, polygraphs and travel restrictions. A violation is a separate crime.
- An Avenel evaluation. Before sentencing on many sex offenses, the defendant is evaluated at the Adult Diagnostic and Treatment Center in Avenel to determine whether the conduct was repetitive and compulsive, which can affect where and how the sentence is served.
- Protective orders. The court may enter an order barring contact with the victim, often for life.
- No expungement. Most serious sex offenses are permanently barred from expungement.
The table below summarizes how these consequences generally apply. Every case depends on its specific facts, so treat this as a starting point rather than a prediction.
| Offense | Degree | 85% parole bar (NERA) | Megan’s Law registration | Can it be expunged? |
|---|---|---|---|---|
| Aggravated sexual assault | First | Yes | Yes | No |
| Sexual assault | Second | Yes | Yes | No |
| Aggravated criminal sexual contact | Third | No | Yes | No |
| Criminal sexual contact | Fourth | No | If the victim was a minor | Only if the victim was an adult |
| Endangering the welfare of a child (sexual conduct or images) | Third to first | No | Yes | No |
| Luring or enticing a child | Second | No | Yes | No |
Megan’s Law in Mercer County
After a qualifying conviction, the registrant is assigned to Tier 1 (low risk), Tier 2 (moderate risk) or Tier 3 (high risk) based on a risk assessment scale. The tier controls who is notified: law enforcement only for Tier 1, schools and community organizations for Tier 2, and the broader community for Tier 3. Tier hearings are held in Superior Court in Trenton, and the prosecutor’s proposed tier can be challenged with expert evaluations and evidence about the offense and the registrant’s history. Moving from Tier 2 to Tier 1 can keep a person off the public internet registry.
Registration is not always permanent. Many registrants can apply to end their obligations after 15 years without a new offense, and juveniles have their own path to relief. Learn more on our page about Megan’s Law removal.
How a Mercer County Sex Crime Case Moves Through Court
- Arrest or summons. Most sex offenses are indictable crimes, so the case is filed in Superior Court rather than municipal court.
- First appearance and detention hearing. Within a few days of arrest, a judge reviews the complaint. In serious sex offense cases, the prosecutor often moves to keep the defendant in jail until trial. Our page on the first appearance and detention hearing explains how release decisions are made.
- Grand jury. A grand jury decides whether to indict. The defense can sometimes present information that leads prosecutors to downgrade or dismiss charges before this point.
- Arraignment, discovery and motions. After indictment, the case is heard at the Mercer County Criminal Courthouse at 400 South Warren Street in Trenton. Discovery includes recorded interviews, forensic reports and digital evidence. Motions may challenge statements, searches, the admissibility of a child’s out-of-court statements and evidence covered by New Jersey’s rape shield law. Our Mercer County Courthouse guide covers what to expect at the building.
- Plea negotiation or trial. Many cases are resolved through negotiation, sometimes to a non-registrable offense. Cases that go to trial are decided by a jury in the Mercer County Superior Court.
- Sentencing. If there is a conviction, the court considers the Avenel evaluation, the presentence report and aggravating and mitigating factors. Our sentencing procedures page explains this stage in more detail.
Defending Against Sex Crime Allegations
Every case is different, but strong sex crime defenses usually come from careful, early investigation. Depending on the facts, we may focus on:
- Credibility and motive. Many cases rest almost entirely on one person’s account. Inconsistencies between statements, delayed reporting that cannot be explained, and motives such as a custody dispute, a breakup or pressure from others can raise reasonable doubt.
- Consent. In cases involving adults, the question is often whether there was freely given permission. Messages before and after the encounter, witnesses and timelines can be decisive.
- Forensic and medical evidence. DNA results, injury findings and the absence of physical evidence must be examined by qualified experts, not taken at face value.
- Interview techniques. Children are especially vulnerable to suggestive questioning. The way a forensic interview was conducted can affect whether statements are reliable and admissible.
- Digital evidence. Who actually used a device or account, whether files were knowingly possessed, and whether a search warrant was valid are frequent issues in internet cases.
- Constitutional violations. Statements taken without proper Miranda warnings and evidence from unlawful searches can be suppressed.
Because sex offense cases often involve related matters, we also coordinate with the family court and criminal sides of a case, including domestic violence restraining orders and juvenile charges when the accused is under 18.
Frequently Asked Questions
Should I talk to the detective if I am innocent?
No, not without a lawyer. Detectives are trained to obtain statements that support the charge, and even innocent explanations can be taken out of context. You have the right to remain silent, and asking for a lawyer cannot be used against you.
Will I have to register under Megan’s Law?
Registration is required for most sex offense convictions, including aggravated sexual assault, sexual assault, aggravated criminal sexual contact, luring and endangering the welfare of a child by sexual conduct. Whether a case ends in a registrable conviction is often the most important issue in plea negotiations.
Is there a statute of limitations for sex crimes in New Jersey?
There is no time limit for prosecuting aggravated sexual assault or sexual assault. Most other offenses must generally be charged within five years, with longer periods for some offenses involving children.
Can a sex crime conviction be expunged?
Most serious sex offenses cannot be expunged in New Jersey. Some lower-level offenses, such as lewdness or criminal sexual contact involving an adult, may be eligible. A dismissed or downgraded charge can often be expunged.
Where will my Mercer County sex crime case be heard?
Indictable sex offense cases are heard in Superior Court at the Mercer County Criminal Courthouse, 400 South Warren Street in Trenton. Disorderly persons offenses such as most lewdness and prostitution charges are heard in the municipal court where the offense occurred.
What is parole supervision for life?
It is a sentence that begins after any prison term and lasts for life. The person is supervised by the State Parole Board and must follow conditions that can include curfews, internet restrictions, counseling and limits on contact with minors. Violating those conditions is a separate crime.
Talk to a Mercer County Sex Crimes Lawyer
Keith Oliver Criminal Law is part of Proetta & Oliver, LLC, and our attorneys focus only on criminal defense. If you are being investigated or have been charged with a sex offense anywhere in Mercer County, call (609) 789-0779 or contact us online for a free, confidential consultation. You can also learn more about our Mercer County criminal defense practice.