According to authorities, a man was arrested for allegedly sending sexually explicit text messages to a 12 year-old Totowa girl. It had been weeks before the child’s mother discovered the messages, however once she did, she turned them over to Police. Detectives with the Passaic County Sheriff’s Department discovered that 48 year-old Michael J. Chiuchiolo, Jr. of Riverdale was posing as a boy in his late teens. Police allege that Chiuchiolo had originally connected with the girl through an online live video streaming website. He then provided the child with a list of handwritten rules that she should obey in communicating with him, according to Sheriff Berdnik.
Detectives from the Passaic County and Morris County Prosecutor’s Offices raided Chiuchiolo’s home and arrested him on Monday after seizing several items which will be examined forensically for relevant evidence. Chiuchiolo was charged with attempted Aggravated Sexual Assault of a Minor and Child Endangerment, among other charges. Click here to read more at www.dailyvoice.com.
Although the suspect in this case was charged with “attempted” Aggravated Sexual Assault, the state of New Jersey takes an extremely tough stance on Sexual Assault cases. Being charged with Aggravated Sexual Assault in New Jersey means exposure to a term of imprisonment of up to 20 years in New Jersey state prison, 85 percent of which must be served without the benefit of parole. A conviction means exposure to a host of collateral consequences, including community supervision for Life, Megan’s Law, and a psychosexual evaluation.
Aggravated Sexual Assault is codified under N.J.S.A. 2C:14-2a, which provides:
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.
If you find yourself or a loved one in the situation that you are charged with Aggravated Sexual Assault, you should contact an experienced criminal defense lawyer immediately. Former Morris County Prosecutor, Alissa D. Hascup is committed to ensuring your rights are protected in court. She has successfully represented thousands of individuals charged with sexual offenses throughout the state of New Jersey. Contact her office for a free consultation about your case. She is available 24/7 at 862-257-1200.
