New Jersey Endangering The Welfare Of A Child Lawyers

Make no mistake about it, even the hint of an accusation of a sexual assault against a child or children creates a lifelong stigma that no one would wish upon themselves. Even if the charges are dismissed, or the person is acquitted, the reputation of the one accused of such unthinkable crimes is forever destroyed, as well as anyone associated with him or her.

The NJ statutes regarding the crime of Endangering the Welfare of a Child

Endangering the Welfare of a Child is a criminal offense governed by NJSA 2C:24-4, as follows:

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, or who causes the child harm that would make the child an abused or neglected child is guilty of a crime of the second degree

Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

A person commits a crime of the second degree 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. If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.

Any person who 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 is guilty of a crime of the second degree.

Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, 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, is guilty of a crime of the second degree.

Any person who knowingly possesses 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.

For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.

Depending upon the circumstances endangering the welfare of a child in New Jersey can be either a second or a third degree crime. For a second degree crime the punishment is of imprisonment up to 10 years and for a third degree crime the punishment is from 3 to 5 years. A conviction under this crime may lead to a record in the crime offenders registry under Megan’s Law.

Contact our New Jersey endangering the welfare of a child lawyers

At Aiello, Harris, Abate, Law Group PC, our team of New Jersey criminal defense attorneys leave judgment at the door, and are solely dedicated to providing its clients accused of serious crimes such as endangering the welfare of a child with as aggressive a defense as the charges warrant. If you or a loved one has been accused of endangering the welfare of child, do not wait to call us. We will listen, examine the facts, and offer our advice as to the best possible course of action on your behalf. Our team of defense attorneys, including ex-prosecutors of several NJ towns, are intimately knowledgeable of the laws and will zealously represent you in the face of such life-shattering charges. Call us today at (908) 561-5577 or contact us online. Your initial consultation is free.