Elizabeth, NJ Endangering the Welfare of a Child Lawyer

New Jersey law 2C:24-4, known as “Endangering the Welfare of Children,” is a broad statute that encompasses various actions that put a child at risk of harm or endanger their morals. It can be charged as a first, second, or third-degree crime depending on the specific conduct and circumstances involved. Each degree carries potential prison terms and have a profound impact on you or your loved one’s life.

If you are accused of endangering the welfare of a child, prostitution, luring, or criminal sexual contact in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1.  Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.

2.  Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.

3.  Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.

4.  High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.

5.  Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of endangering the welfare of a child law in New Jersey, as well as some common defenses that may be available to you.

Definition of NJ Law Endangering the Welfare of a Child 2c:24-4(a)

New Jersey law of endangering the welfare of a child, NJSA 2C:24-4(a), is a serious offense. This law is divided into two main parts:

1.    Sexual Conduct (2C:24-4a): Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child, who engages in sexual conduct which would impair or debauch the morals of the child, is guilty of a crime of the second degree. Any other person who engages in such conduct or causes harm as described to a child is guilty of a crime of the third degree.

2.    Causing Harm (2C:24-4a): 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. Any other person who engages in conduct or causes harm as described in this paragraph to a child is guilty of a crime of the third degree.

Penalties for NJSA 2C:24-4(a) Endangering the Welfare of a Child

The penalties for New Jersey law of endangering the welfare of a child under NJSA 2C:24-4(a) are severe and can carry a hefty prison sentence and devasting consequences that extend far beyond a prison sentence. Below are the possible penalties for NJSA 2C:24-4(a):

• Second Degree:
  
  • Up to 10 years in prison
  • A fine of up to $150,000
• Third Degree:
  
  • Up to five years in prison
  • A fine of up to $15,000

If convicted under either a second or third-degree, a defendant may be subjected to Megan’s Law and Parole Supervision for life.

What is Megan’s Law?

Megan’s Law is a provision of the New Jersey Criminal Code that requires convicted sex offenders to register with local police and provides information about them to the public and law enforcement agencies. The law also establishes a three-tier notification process based on the risk level of the offender. The law was enacted in 1994 in response to the abduction and murder of Megan Kanka by a neighbor.

What is Parole Supervision for Life (PSL)?

Parole supervision for life is a special sentence that can be imposed by a judge on certain sex offenders who have committed aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, endangering the welfare of a child, luring, or an attempt to commit any of these offenses. The sentence requires that the offender remain in legal custody of the Commissioner of Corrections and be supervised by the Division of Parole for at least 15 years. The offender must also comply with various conditions such as reporting to a parole officer, notifying them of any contact with law enforcement or victims, avoiding contact with minors or vulnerable adults, abstaining from alcohol or drugs, attending counseling or treatment programs, and using a computer or other device with access to the Internet only for authorized purposes.

Definition of NJ Law Endangering the Welfare of a Child 2c:24-4(b)

New Jersey law of 2C:24-4(b) is a very serious crime that cannot only have life altering consequences but as well as financially and socially for an individual that is facing this charge. NJSA 2C:24-4(b) is defined as:

·       “Child” means any person under 18 years of age.

·       “Distribute” means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not. The term also includes an agreement or attempt to distribute.

·       “File-sharing program” means a computer program, application, software or operating system that allows the user of a computer on which such program, application, software or operating system is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers. The term “file-sharing program” includes but is not limited to a computer program, application or software that enables a computer user to participate in a peer-to-peer network.

·       “Internet” means the international computer network of both federal and non-federal interoperable packet switched data networks.

·       “Item depicting the sexual exploitation or abuse of a child” means a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act.

·       “Peer-to-peer network” means a connection of computer systems through which files are shared directly between the systems on a network without the need of a central server.

·       “Prohibited sexual act” means

o   Sexual intercourse; or

o   Anal intercourse; or

o   Masturbation; or

o   Bestiality; or

o   Sadism; or

o   Masochism; or

o   Fellatio; or

o   Cunnilingus; or

o   Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or

o   Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.

·       “Reproduction” means, but is not limited to, computer generated images.

·       A person commits a crime of the first degree crime if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance.

·       A person commits a crime of the second degree crime if he photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act.

o   A person commits a crime of the second degree if, by any means, including but not limited to the Internet, he:

o   knowingly distributes an item depicting the sexual exploitation or abuse of a child;

o   knowingly possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or

o   knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program which is designated as available for searching by or copying to one or more other computers.

·       A person commits a crime of the third degree crime if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, an item depicting the sexual exploitation or abuse of a child.

Penalties for NJSA 2C:24-4(b) Endangering the Welfare of a Child

A first-degree crime carries the following penalties:

·       Up to 20 years in prison

·       A fine of up to $200,000

A second and third degree, as explained above, carry potential significant prison time as well as possible substantial fines. NJSA 2C:24-4(b) also carries the possibility of registering for Megan’s Law as well as Parole Supervision for Life. The penalties for both are explained above as well.

Possible Defenses to New Jersey 2C:24-4 Endangering the Welfare of a Child

• Entrapment:
  
  • Law enforcement induced the defendant to commit the crime.
  • This defense is often difficult to prove and requires a showing that the defendant was not predisposed to commit the crime.
• Duress:
  
  • The defendant was forced to commit the crime under threat of imminent harm.
  • This defense is also difficult to prove and requires a showing that the defendant had no reasonable alternative but to commit the crime.
• Legal Duty:
  
  • The offender did not have a legal duty or responsibility for the care of the child, and the child was 16 years of age or older, and the sexual conduct was consensual.
• Lack of Intent:
  
  • The offender did not knowingly cause or permit the child to be involved in or exposed to any activity that is harmful to the child’s physical, mental, or moral welfare, and the offender acted in good faith and in the best interest of the child.

• False Allegations:

  • Sometimes accusations of child endangerment can be false or arise from misunderstandings. Evidence supporting your innocence can be crucial here.
• Minimal Risk:
  •  If the alleged actions posed minimal risk to the child’s safety, it could weaken the prosecution’s case.

• Reporting Suspected Abuse:

  • If you were endangering the child to report suspected abuse to a mandated reporter, it could be seen as a justified action.

New Jersey Endangering the Welfare of a Child: Frequently Asked Questions

Here are some of the most commonly asked questions regarding endangering the welfare of a child in New Jersey:

• Question: Can I still be charged with endangering the welfare of a child in New Jersey if I wasn’t the child’s parent or guardian?
  • Answer: Yes, in New Jersey, a person who is not the parent or guardian of a child can still be charged with endangering the welfare of a child. According to the New Jersey Revised Statutes Section 2C:24-4, any person who engages in conduct or causes harm to a child as described in the statute can be guilty of a crime of the third degree. This includes situations where someone has not assumed responsibility for the care of the child but still causes harm that would make the child an abused or neglected child as defined in the relevant statutes.

• Question: Will a New Jersey charge of endangering the welfare of a child affect my employment? 
  • Answer: Yes, a charge of endangering the welfare of a child in New Jersey can indeed have significant implications for your employment. Here are some key points to consider:

    • Background Checks: Many professions, especially those involving children, require background checks. A child endangerment charge may appear on such checks and could impact your ability to obtain or retain certain types of employment.

    • Employment Disqualification: Specific convictions, including child endangerment, can disqualify you from working in schools or other educational settings. This applies to various positions, from teachers to bus drivers.

    • Reputation and Rights: Allegations can lead to loss of custody or visitation rights, restraining orders, and damage to one’s reputation, which can indirectly affect employment opportunities.

• Question: Can I expunge my endangering the welfare of a child conviction in New Jersey? 
  • Answer: No, in New Jersey, the expungement of a conviction for endangering the welfare of a child is a complex matter. According to a published opinion by the Appellate Division of New Jersey, an offense in violation of N.J.S.A. 2C:24-4(a), which pertains to endangering the welfare of a child, is not expungable, even if the offense is non-sexual. However, the New Jersey expungement law, detailed in sections N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32, outlines the eligibility for expungement and the process involved.
• Question: Is there a statute of limitations for a New Jersey endangering the welfare of a child charge? 
  • Answer: In New Jersey, the statute of limitations for a charge of endangering the welfare of a child is typically five years after the victim turns 18 years old. This means that the state has until the victim reaches the age of 23 to prosecute the crime. 

• Question: What actions qualify as endangering the welfare of a child in NJ?

  • Answer: This covers a wide range. In New Jersey, it can involve failure to provide necessities: what happens if you don’t provide for your child in NJ, physical or mental abuse: signs of child abuse in NJ, sexual misconduct: sexual conduct with a minor in NJ, or leaving a child in a dangerous situation (child left alone laws in NJ).

• Question: What are the different degrees of endangering the welfare charges?

  • Answer: The severity of the crime depends on the situation. It can be a second-degree offense (serious) if the perpetrator has caretaking duties and engages in sexual conduct with the child. Otherwise, it’s typically a third-degree offense (still serious) NJ child endangerment degrees: what are the degrees of endangering the welfare of a child in NJ.

• Question: Is endangering the welfare of a child a felony in NJ?

  • Answer: New Jersey doesn’t classify crimes as felonies or misdemeanors. However, endangering the welfare of a child carries significant penalties, including potential jail time exceeding six months, which aligns with a felony in most states [NJ endangering the welfare a felony].

• Question: What are some examples of endangering the welfare of a child in NJ?

• Question: Can I be charged with endangering the welfare of a child if it was an accident?
  • Answer: It depends on the specifics of the situation. Generally, recklessness or intentional behavior is required for a charge. However, if your negligence directly resulted in the child being harmed, you could still face charges.

• Question: Do I need a lawyer if I’m facing endangering the welfare charges?

  • Answer: Endangering the welfare of a child is a serious offense. Consulting with an experienced New Jersey criminal defense attorney, such as Brett M. Rosen, is highly recommended [NJ endangering the welfare of a child lawyer].

• Question: what happens if I’m convicted of endangering the welfare of a child?
  • Answer: Besides prison time and fines, you may face mandatory counseling, lose custody of your children, and be required to register as a sex offender (depending on the circumstances).

Top-Notch Endangering Welfare of a Child NJ Defense Attorney

If you have been charged with endangering the welfare of a child, luring, lewdness, prostitution, or aggravated criminal sexual contact in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your endangering the welfare of a child charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your endangering the welfare of a child defense.

We understand the serious consequences of a conviction for sexual assault, and we will fight aggressively to protect your rights and interests.

Contact us today for a free consultation.