In recent years, law enforcement and prosecutors’ Cybercrime Units have increasingly targeted individuals accused of engaging in sexually explicit online messaging or video chats that involve minors. Many of these cases begin when someone believes they are communicating with another adult online—only to later learn that the person is underage or that the conversation was part of a police sting operation.
In New Jersey, the law treats certain online communications with minors as serious criminal offenses, even when no physical contact occurs. Courts have held that when an adult encourages or instructs someone underage to engage in sexual behavior—such as touching themselves or sending sexually explicit images—that conduct may constitute sexual contact and sexual assault. This applies whether the communication happens through text messages, social media, or video chat platforms. The fact that there was no actual physical contact between two people does not lessen the seriousness of the charge.
If you are accused of communicating online with someone under 13 years old, and you are more than four years older, you can be charged with sexual contact under N.J.S.A. 2C:14-2(b). This is a second-degree crime, punishable by mandatory state prison, Megan’s Law registration, and Parole Supervision for Life.
We also see cases where individuals send intimate or sexually explicit photos during online conversations or video chats, not realizing the recipient is underage. In such circumstances, a person can be charged with Endangering the Welfare of a Child under N.J.S.A. 2C:24-4. These cases are often investigated by specialized Cybercrime Units within the prosecutor’s office that use advanced digital forensics and undercover operations.