What is New Jerseys Romeo and Juliet Law? For instance, if an angry and vengeful ex-spouse calls the police and reports that her ex-husband is bathing with their 3-year old daughter. This can include violent or sexually violent crimes, such as the following: If these crimes are committed against a child over 18 who still lives in your household, they could be considered domestic violence crimes. New Jersey 2C:24-4 and. (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; (1) 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. The crime of fourth degree child abuse is the only child abuse offense that has no requirement that the act is intentionally directed at the child. They include causing or permitting the child to engage in a "prohibited sexual act." 2C:24-4. amended 1979, c.178, s.46; 1983, c.494; 1992, c.2; 1992, c.6; 1995, c.109; 1998, c.126; 2001, c.291; 2013, c.51, s.13; 2013, c.136, s.1. 39:3-40, Leaving the Scene of an Accident N.J.S.A. The information presented in this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 2C:35-3, Drug Paraphernalia Charges Result in No Criminal Record, Drug Recognition Evaluations DRE in New Jersey Driving Under the Influence (DUI) Cases, Drunk Driving New Jersey What you need to know, DUI FAQ Frequently Asked Questions About DWI NJ, DUI Leaving Metlife Stadium in East Rutherford NJ, DWI And Endangering The Welfare Of A Child, DWI Charge Dismissed in East Orange, Essex County NJ Thanks to the Tormey Law Firm LLC, DWI Dismissed in Essex County NJ Thanks to the Tormey Law Firm LLC, DWI in a School Zone Charge in New Jersey, DWI Insurance Premiums, Spikes, and Surcharges, East Rutherford NJ Criminal Defense Lawyers, East Rutherford NJ Disorderly Conduct Lawyer 2C:33-2, Edgewater NJ Marijuana Charges Dismissed Thanks to the Tormey Law Firm, Elmwood Park DWI Lawyer DWI Attorney Elmwood Park, Elmwood Park NJ Simple Assault Charges Dismissed under N.J.S.A. Posted on Nov 1, 2012. 2C:33-15, Disorderly Persons Vs. Municipal Ordinances, Divorce Attorney In NJ Find an Attorney For Divorce In NJ. 2C:39-3a, Possession Of Marijuana Attorney For Marijuana Possession 2C:35-10, Possession of Marijuana Charges Dismissed in the Paramus Municipal Court, Possession of Pellet Gun, Knife Result in No Criminal Record in Linden NJ, Possession of Weapons for Unlawful Purposes Charge NJ 2C:39-4, Prescription Drug Charges 2C:35-10.5 in New Jersey, Reasonable Suspicion Defense for NJ DUI Charges, Receiving Stolen Property and Possession of Burglary Tools Dismissed Hackensack Municipal Court, Receiving Stolen Property in New Jersey N.J.S.A. 2C:24-4. It is our priority to ensure that you feel confident in our diligent work on your behalf as we seek to facilitate the best possible outcome in your case. You're all set! An experienced defense attorney who has handled child welfare cases like yours is available to provide you with a free consultation. 4 Punishment when the minor is at risk of death . Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. The main thrust of the statute is to punish and guard against sexual offenses and other acts that cause harm to a child. However, the law allows a Judge considerable leeway in determining . Under the new NJ DUI law, a serious bodily injury to a minor passenger would elevate the offense to a third degree crime, punishable by three to five years in prison and a fine as high as $15,000. clients have to say about the Tormey Law Firm LLC. Love and abuse are inextricably bound to the person who was abused as a child. If you've been charged with child abuse under Michigan's laws, it's in your best interests to speak to a local criminal defense attorney to learn about your rights and options. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent offense under this subparagraph shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7. The Tormey Law Firm Can Help, Child Abuse and Endangerment in Union County NJ, Civil Restraints in NJ Restraining Order Cases, Community Service Instead Of DWI Penalties, Credit Card Fraud Charges N.J.S.A. Fourth Degree Criminal Sexual Conduct. When Fighting a DUI Charge, Experience Counts! In some cases, the alleged actions would clearly violate the statute. Should I Hire the Cheapest NJ DWI Lawyer? 2C:12-1b, Second Degree Marijuana Possession with Intent to Distribute Results in PTI Program, Second Degree Robbery Charges Downgraded and Dismissed in Fort Lee NJ Thanks to the Tormey Law Firm LLC, Separating the Acceptable From the Experienced: Finding the Right Attorney For You, Shoplifting Charges in New Jersey N.J.S.A. A person may also be charged simply for possessing . | Recently Booked | Arrest Mugshot | Jail Booking . Please feel New Jersey prosecutors and law enforcement take crimes against children seriously. Child endangerment charges can be broken down into two categories: sexual and non-sexual child endangerment. If you are facing charges for endangerment, get in touch with an experienced criminal defense attorney for defense in Morris County areas such as Morristown, Denville, Dover, Parsippany, Madison, Rockaway, Roxbury, and Mount Olive. These acts may include abandoning the child, failing to care for or watch the child in a way that exposes the child to a risk of harm, or failing to care for the child to the extent that public or charitable agencies must step in. This is usually referred to as OWI Child Endangerment. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Jersey Revised Statutes, Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE. free to call us or contact us online for a free consultation with However, the charge is not titled child abuse but rather, endangering the welfare of a child. Although the term "sexual conduct" lacks a specific definition, it is clear that it includes acts that would otherwise constitute sexual assault or criminal sexual contact. Second degree offenses also carry tens of thousands of dollars in criminal fines and other penalties. Is a Gun Charge Considered a Violent Crime? However, an individual who only assumed temporary, brief or occasional caretaking functions will probably not be fit into the statutory definition. e. 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. Penalties under 273a PC. In 1993, Pozzi was sentenced to four years of probation after pleading to a third-degree child endangerment count in Old Bridge, New Jersey. Legal duty of care can be established if the defendant is the minors natural parent, adoptive parent, foster parent, or stepparent. Some common examples of abuse and neglect include physical assault, sexual abuse, child pornography offenses, molestation, statutory rape, abandonment, isolation, inappropriate institutionalization, cruelty, selling or manufacturing drugs in the home, and several other acts. The maximum fine is $15,000. Assumed care is not as straightforward. d. A 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. N.J.S.A. 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. Fourth degree: This type of charge can carry up to 18 months in prison for cases that did not result in physical harm to the child but still exposed the child to harm or caused them emotional or mental suffering. A fourth-degree offense is punishable by up to 18 months in prison and a fine of up to $10,000. 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. The vast majority of parents and guardians in the state find this type of conduct to be beyond comprehension, including those who face false accusations. Endangering the Welfare of a Child by Abuse or Neglect in New Jersey, Child abuse is unquestionably a concern for the criminal court and any person found guilty of such an offense will be facing very serious consequences. 2C:20-7, Remove Final Restraining Order in New Jersey, Restraining Order Lawyer In NJ Fight a restraining order, Restraining Orders vs. Criminal Offenses in New Jersey, Ridgefield Park Criminal Defense Attorney Ridgefield Park Lawyers, Saddle Brook Criminal Defense Attorney Saddle Brook NJ Lawyers, Saddle Brook DWI Attorney DWI Lawyer In Saddle Brook NJ, Second Degree Aggravated Assault NJ N.J.S.A. 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. : sexual and non-sexual child endangerment an Attorney for Divorce in NJ instance... Statute is to punish and guard against sexual offenses and other penalties other penalties with their old... 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