A Bayville teen arrested while trying to arrange a sexual encounter with an 11-year-old girl in a Morris Plains park was allowed to enter a probationary program on Tuesday, with the blessing of the girl’s family.
Robert Murphy, 19, thought he would be meeting a 16-year-old, based on their social media conversations, but became sick to his stomach when police informed him of the girl’s real age, Morris County Assistant Prosecutor Laura Magnone told Superior Court Judge David Ironson during a virtual hearing.
In exchange for Murphy’s guilty plea to charges of endangering the welfare of a child, a third-degree crime; and violating the state’s pandemic lockdown, a disorderly persons offense; the judge agreed to place Murphy into Pre-Trial Intervention for 18 months.
If the college student completes the program without any missteps, and satisfies other conditions, the charges will be erased from his record.
But if he messes up, he faces up to five-and-a-half years in jail and $16,000 in fines, Ironson warned.
Murphy’s arrest was cited by the state Attorney General’s Office in an April roundup of COVID-19 enforcement actions.
Noting that Murphy has no prior criminal convictions, Magnone said her recommendation of PTI stemmed largely from a review of the communications between Murphy and the victim, who portrayed herself as being of consenting age, and from consultations with the victim’s family.
“At this point, I think the family is most concerned with getting the victim help and support that she may need. She had a lot of knowledge well beyond what an 11-year-old child perhaps should have,” the assistant prosecutor said.
She added the victim’s family also “did not want to necessarily ruin the defendant’s life. They were more concerned about him basically learning his lesson out of this, and they were concerned for his safety, too, that perhaps he shouldn’t be stalking the internet and meeting up with strangers, not knowing whether his safety would be at risk, either.”
Murphy and the girl had arranged to meet outside the Morris Plains Community Center at 11 pm on April 21, 2020. The girls’ parents caught wind of it, however, and police were waiting for Murphy.
“Those (social media) conversations, you would agree, would tend to impair or debauch the morals of a child?” Magnone asked Murphy, via a Zoom teleconference because of the coronavirus shutdown.
“Yes,” answered Murphy.
Murphy and the victim also had shared photos online, according to Murphy’s attorney, lawyer Alfonse DeMeo.
The prosecution dropped a second-degree charge of aggravated sexual assault, and a lesser charge of obstructing the administration of justice.
Because Murphy pled to a sex offense, Ironson imposed lifetime parole supervision, which could be lifted after 15 years. Murphy also must undergo a “psycho-sexual” evaluation, to determine if he could benefit from therapy, and submit a DNA sample to authorities.
He is barred from any contact with the victim, and must register with police if he relocates, changes schools or takes a new job. He also must report his access to, and use of, internet-connected devices, and pay at least $2,400 in penalties and fees.
The judge urged Murphy to comply with the conditions. “I fully expect that you will, and we’ll never see you back again,” Ironson said.
This story has been updated with a link to the state Attorney General’s statement.
