There is also a provision in the law that states that any person having a legal duty of care or assumes responsibility of care who causes the child harm that would make the child an abused or neglected child as defined by Title 9 is guilty of a crime in the second degree. Notably, the first section of the statute reads that any person who has or assumed the responsibility of care over a child who engages in sexual conduct that would impair or debauch the morals of a child is guilty of a crime of the second degree. The criminal child abuse statute further establishes that abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control. Appeals Court Orders Re-Sentencing for Rockaway NJ Couple Convicted of Child Abuse, Tormey Law Firm Gets Child Endangerment Charges Dismissed in Morristown, NJ, Parsippany NJ Man Accused of Threatening Kids at Motel, New Jersey DWI and Criminal Defense Attorney. Our team includes a skilled DCPP defense attorney who addresses child custody and guardianship issues when state authorities from child protective services become involved as well. (a) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists: (1) force or coercion is used to accomplish the sexual contact; On the non-legal side of things, child abuse can cause severe problems for a family and a child, potentially causing the child to grow up with PTSD or other mental health issues caused by their childhood trauma. Which seems like a lot until you realize child endangerment of the second degree could result in a fine of $150,000. 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A person who knowingly possess or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the fourth degree. a. Interlock Decisions on Sentencing: Who Decides? However, the simple act of nudity is unlikely to secure a guilty verdict. 55 Madison Avenue Suite 400, Morristown, NJ 07960. The third component of the endangering the welfare of a child law is the exposure of harm to the child. clients have to say about the Tormey Law Firm LLC. A person can also harm a child under this statute by subjecting the child to harsh corporal punishment, inflicting mental or physical pain and suffering on the child, tormenting the child, failing to act and thereby causing the child to suffer, and by causing the child hardship and physical or mental strain that could harm the childs health. In a prosecution under sub-subparagraph (iii) of this subparagraph, the State shall not be required to offer proof that an item depicting the sexual exploitation or abuse of a child had actually been searched, copied, transmitted or viewed by another user of the file-sharing program, or by any other person, and it shall be no defense that the defendant did not intend to distribute the item to another user of the file-sharing program or to any other person. In a recent case that went all the way to the NJ Supreme Court, a defendant sought to appeal a his conviction, contending that the state must prove that a child suffered actual harm to convict under N.J.S.A. Child abuse is a serious crime that can have many legal and non-legal repercussions. Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne. Our Atlantic City child abuse defense lawyers at the Law Offices of John J. Zarych fight to protect our clients rights by working to get unjustified child abuse charges dropped and dismissed. MARIAH HOFFA was booked on 2/28/2023 in Boyle County, Kentucky. For instance, a babysitter or coach tends to fall into this category. In that case, Pozzi was accused of hitting a 2-month . However, under this part of the statute, the act is not sexual in nature. First-Degree: If you are convicted of child endangerment in the first degree, you may spend 20 years in state prison, and face a fine of up to $250,000. If the judge disregards the presumption and/or the individual has a prior record such that the . Under New Jersey Code Title 9, specifically statute, The primary criminal statute that governs child abuse cases is N.J.S.A. Another example is leaving a child unsupervised. 2C:24-4a applies when a NJ endangering the welfare of a child charge involves sexual conduct. Under N.J.S.A. Not providing food, shelter, clothes, etc. Regardless of the nature of the allegation of child abuse, whether it be abandonment, cruelty, or neglect, the bottom line is that the criminal laws treat any of those acts in the same manner: as a fourth degree crime. Are there work or temporary licenses after DWI in NJ? In addition to these charges, you can face charges for other crimes if they happen to be committed against a child. This web site is designed for general information only. (2)Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. "Prohibited sexual act" means (a)Sexual intercourse; or (b)Anal intercourse; or (c)Masturbation; or (d)Bestiality; or (e)Sadism; or (f)Masochism; or (g)Fellatio; or (h)Cunnilingus; or (i)Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or (j)Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1. it also contains links to 2 persons, 3 key words and published on 2021-02-23 by cnc3. You need to take Endangering the Welfare of a Child charges seriously because the consequences of a conviction are severe. This is a fourth degree crime that can lead to jail time and fines, and it is defined specifically to cover the abuse of a child under 18. Fourth-Degree Child Abuse The lowest level of child abuse is known as child abuse in the fourth-degree. 2C:21-6c, Criminal Mischief Charges for Juvenile Offender in Bergen County NJ Dismissed, Criminal Mischief Charges under NJSA 2C:17-3 Dismissed in Little Falls Municipal Court, Criminal Weapons Possession in New Jersey, Death by Auto Vehicular Homicide Charges New Jersey, Degree of Crimes in New Jersey Criminal Cases, Disorderly Conduct, Simple Assault Charges in Carlstadt Boro Result in No Criminal Record, Disorderly Persons Offenses New Jersey N.J.S.A 2C:52-3, Possession of a Fake ID Charges in New Jersey, Underage Possession of Alcohol: N.J.S.A. He also earned inclusion among the Top 40 Trial Attorneys Under 40 in the Nation in 2014 by the National Trial Lawyers Association. Call an Irvington Child Endangerment Lawyer. As your criminal lawyers, we would have to work out a plea deal with the prosecutor to get your felony charges downgraded. Like the first section of the statute, there are two major elements that must be proven by the State. Legal duty of care can be established if the defendant is the minors natural parent, adoptive parent, foster parent, or stepparent. It provides for two general ways a person can be charged with this offense. The facts and circumstances of the relationship need to be thoroughly evaluated before this element of the offense can be proven. Under New Jerseys criminal child abuse laws, any parent, guardian, or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. If the child is 16-years old and is left home alone for a few hours, that should not be prosecuted. A misdemeanor graded offense is committed when the perpetrator knowingly endangers the welfare of the child by violating a duty of care, protection, or support. Do I Need an Attorney for an NJ Gun Permit? Penalties for misdemeanor child endangerment can include:. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); OurNew Jersey DCPP defense attorneys represent clients involved withchild protection proceedings in Bergen, Essex, Morris, Passaic, Hudson, Middlesex, Somerset, Camden, Warren, Hunterdon, Monmouth, Ocean, Burlington, Sussex, Mercer, and across New Jersey. However, there are many other circumstances where the end result is not very clear. A fourth-degree offense is punishable by up to 18 months in prison and a fine of up to $10,000. Website. Child abuse or neglect reports by school personnel - Failure as misdemeanor. This can lead to increased penalties and legal issues as well, such as restraining orders. New Jersey's expungement laws are published in sections 2C:52-1 through 2C:52-32 of the official New Jersey Statutes Annotated (N.J.S.A.). Where a parent acts in good faith and disciplines their child because they believe it is to the child's benefit, it can serve as a defense. If you have been arrested, please do not hesitate to call us. Is There Mandatory Jail Time for Assault in New Jersey? For purposes of this subparagraph, the term "possess" includes receiving, viewing, or having under one's control, through any means, including the Internet. If a person has a legal duty to care for a child and causes harm to the child by abusing or neglecting the child, that person may also be charged with a second degree indictable offense carrying the same penalties penalties described above. Of $ 150,000 charges for other crimes if they happen to be committed against a law... 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