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Sex Crimes

Sex Crimes in New Jersey

Serious Charges, Lifetime Consequences – and How Mark Bailey Can Help

In New Jersey, sex crime charges are among the most serious offenses a person can face. A single accusation can threaten your freedom, reputation, career, family relationships, and even where you are allowed to live. Many sex offenses carry state prison exposure, Megan’s Law registration, and long-term Parole Supervision for Life (PSL) or Community Supervision for Life (CSL).

New Jersey’s main sex offense statutes are found in N.J.S.A. 2C:14-2 and 2C:14-3, which cover aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and criminal sexual contact.

If you’ve been arrested, charged, or are under investigation for any sexual offense, you are dealing with life-altering consequences—even before a judge or jury decides anything. You need an experienced defense lawyer immediately.

How Attorney Mark Bailey Approaches Sex Crime Cases

Attorney Mark Bailey understands that sex crime cases are different from most other criminal matters:

  • They often rely heavily on one person’s word against another’s

  • They may involve old allegations, family disputes, or divorce/custody battles

  • The stigma alone can cost you your job, housing, and relationships

Because the stakes are so high, Mr. Bailey takes a selective, hands-on approach to sex offense cases. When you retain him, he will:

  • Obtain and review police reports, forensic interviews, medical records, and electronic evidence

  • Examine texts, social media, emails, and prior communications between the parties

  • Scrutinize the alleged victim’s statements for inconsistencies, coaching, or changing stories

  • Consult appropriate experts (forensic, psychological, medical, digital) when necessary

  • Explain every step of the process—from investigation and indictment through trial and possible Megan’s Law consequences

His goal is simple and direct: protect your rights, challenge weak or unreliable evidence, and fight to avoid a conviction and registration whenever possible.

Common Sex Crime Charges in New Jersey

New Jersey law covers many different sexual offenses. Some of the most frequently charged include:

Aggravated Sexual Assault – N.J.S.A. 2C:14-2(a)

A first-degree crime involving sexual penetration under particularly serious circumstances, such as:

  • Victim under 13 years old

  • Victim is 13–16 and related to or under the authority of the actor

  • Use or threatened use of a weapon

  • Multiple actors or serious physical injury

  • Penetration during certain other serious crimes (robbery, burglary, homicide, etc.)

First-degree aggravated sexual assault can result in 10–20 years or more in state prison, with possible extended terms and substantial restrictions on parole eligibility.

Sexual Assault – N.J.S.A. 2C:14-2(b), (c)

A second-degree crime that includes:

  • Sexual contact with a child under 13 when the actor is at least four years older; or

  • Sexual penetration under circumstances such as:

    • Use of physical force or coercion (without severe injury)

    • Victim who is physically or mentally incapacitated

    • Victim under supervision or custody (probation, parole, institutional setting) and the actor has authority or power over the victim

Second-degree sexual assault typically carries 5–10 years in prison and may trigger Megan’s Law, PSL, and CSL consequences.

Aggravated Criminal Sexual Contact – N.J.S.A. 2C:14-3(a)

A third-degree crime involving sexual contact, rather than penetration, under certain aggravated circumstances—generally mirroring some of the same factors that make a case aggravated sexual assault (such as age, relationship, or use of force).

Maximum exposure is up to 5 years in state prison and significant fines, along with possible Megan’s Law registration in some cases.

Criminal Sexual Contact – N.J.S.A. 2C:14-3(b)

A fourth-degree crime involving intentional, non-consensual sexual contact under specified circumstances, such as force, coercion, or victim incapacity.

Fourth-degree crimes carry up to 18 months in prison and fines up to $10,000, and may still lead to registration obligations depending on the facts.

Lewdness – N.J.S.A. 2C:14-4

Lewdness involves knowingly exposing intimate parts or committing a sexual act under circumstances likely to be seen by someone who would be alarmed or offended. When children or vulnerable victims are involved, lewdness can be charged as an indictable offense and may trigger registration.

Endangering the Welfare of a Child – N.J.S.A. 2C:24-4

Endangering covers a wide range of child-related sexual and neglect offenses, including:

  • Sexual conduct that may impair or debauch the morals of a child

  • Possessing, viewing, or distributing child sexual abuse material (child pornography)

  • Abuse or neglect by a parent, guardian, or person having legal duty of care

These offenses are often charged as second- or third-degree crimes, with heavy prison exposure and almost automatic Megan’s Law registration.

Megan’s Law Registration & Tiering

Most serious sex crime convictions in New Jersey carry Megan’s Law registration under N.J.S.A. 2C:7-2.

Key points:

  • You must register your address and other information with law enforcement and keep it updated.

  • The State assigns a tier level (Tier I–low, Tier II–moderate, Tier III–high risk) based on a risk assessment. Tier II and Tier III offenders are subject to escalating levels of community notification and, in many cases, inclusion on the Sex Offender Internet Registry.

  • Failure to register or to comply with Megan’s Law requirements (including address changes and periodic verification) is itself a third-degree crime, punishable by 3–5 years in prison and fines up to $15,000.

On top of registration, many sex offenses also trigger Parole Supervision for Life (PSL) or Community Supervision for Life (CSL), which impose long-term restrictions and monitoring even after you finish any prison term.

Sentencing & Long-Term Impact

Sex crime sentencing in New Jersey is governed by specific provisions in N.J.S.A. 2C:14-6 and related sentencing statutes. Penalties often include:

  • Lengthy prison terms (up to 20 years or more for aggravated sexual assault; extended terms possible in certain cases)

  • Mandatory parole ineligibility periods under statutes like the No Early Release Act for some violent and sexual offenses

  • Long-term PSL/CSL

  • Megan’s Law registration and tiering

  • Heavy fines and restitution

  • Lifetime effects on employment, housing, immigration, professional licensing, and family law matters

Simply put: a sex crime conviction can follow you for the rest of your life.

Defenses & Strategies in Sex Crime Cases

Every case is different, but common defense themes and issues include:

  • Consent and credibility

    • Whether alleged sexual contact or penetration was consensual

    • Inconsistencies between statements to police, friends, medical providers, and in court

  • False accusations or motive to lie

    • Allegations arising from custody battles, breakups, jealousy, or revenge

    • Pressure from family members or others influencing a complainant’s story

  • Mistaken identity or misinterpretation

    • Cases involving crowded environments, alcohol/drug use, or poor lighting

    • Misinterpreted messages, photos, or online interactions

  • Timing and memory issues

    • Delayed reporting, missing details, or shifting accounts over time

  • Forensic & digital evidence challenges

    • Questioning how physical evidence was collected and interpreted

    • Examining devices and online accounts for alternative explanations, third-party access, or incomplete records

Attorney Mark Bailey will carefully review all discovery, identify weaknesses in the State’s case, and work with you to decide whether to:

  • Fight the charges at trial,

  • Challenge key evidence through motions (suppress statements, exclude certain testimony, etc.), or

  • Pursue negotiations focused on avoiding registration, PSL/CSL, or the most severe prison exposure, when an outright dismissal is not realistic.

Do Not Talk to Police About a Sex Crime Without a Lawyer

In sex cases, police and investigators often try to get a suspect to “tell his side of the story” in a recorded statement—which then becomes a center piece of the prosecution’s case.

Even well-meaning explanations can be twisted, taken out of context, or used to plug holes in the State’s evidence.

If you learn you’re under investigation or are contacted by law enforcement about a sexual allegation:

  • Do not give a statement

  • Do not try to “clear things up” on your own

  • Contact an attorney immediately and let your lawyer communicate for you

The Law Office of Mark A. Bailey is dedicated to defending individuals accused of sex crimes, challenging the State’s case at every turn, and fighting to protect your freedom and your future.

Contact Mark Bailey today for a confidential consultation to discuss your sex crime charges, your rights, and the best strategy for moving forward.

Areas of Practice

  • Assault and Harassment
  • Criminal Mischief
  • Disorderly Conduct
  • Domestic Violence
  • Drug Crimes
  • DUI / DWI
  • Eluding Arrest
  • Endangering the Welfare of a Child
  • Fake ID
  • Federal Crimes
  • Fraud Crime
  • Homicide
  • Juvenile Crimes
  • How to Get Off of Megan’s Law
  • Parole Violations
  • Probation Violations
  • Resisting Arrest
  • Sex Crimes
  • Shoplifting
  • Terroristic Threats
  • Theft / Robbery
  • Violent Crimes
  • Weapon Offense
Bailey Law Firm Info

  1309 Bound Brook Road
Middlesex, NJ 08846

  100 Park Place, Suite #105
Newark, NJ 07102

  (866) 668-5058

  legal@attorneybailey.com

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