New Jersey Section 2C:24-4 – Endangering welfare of children.

Understanding New Jersey’s Law on Endangering the Welfare of Children

“New Jersey’s law on endangering the welfare of children, codified in Section 2C:24-4 of the state’s criminal code, aims to protect children from harm and abuse. As parents and caregivers, it’s important we understand what this law entails so we can keep our kids safe.

What Does “Endangering the Welfare of a Child” Mean?

The phrase “endangering the welfare of a child” covers a wide range of conduct that puts children at risk. This includes both acts and omissions, meaning failing to act. Generally, endangering the welfare of a child involves:

• Physical, mental or sexual abuse
• Neglect or abandonment
• Allowing children to engage in dangerous or illegal activities

Some common examples include physical abuse, leaving kids home alone, exposing kids to illegal drugs or pornography, or having sexual contact with a minor.

Who Can Be Charged?

Under Section 2C:24-4, a few categories of people can be charged:

• Parents or guardians: Anyone with a legal duty to care for a child, including biological parents, adoptive parents, stepparents, or legal guardians.
• Other caregivers: Teachers, babysitters, coaches – anyone who has assumed responsibility for caring for a child.
• Other adults: Any adult who engages in endangering conduct toward a child can be charged, even if they aren’t a legal caregiver.

Endangering Conduct of a Sexual Nature

One major component of the law deals with sexual crimes against children. This includes:

• Sexual assault
• Sexual contact
• Child pornography
• Allowing children to witness sexual acts

For parents or guardians who commit these acts, it’s a second-degree crime punishable by 5-10 years in prison. For other adults, it’s a third-degree crime with 3-5 years in prison.

Defenses like mistake of age generally won’t work, since the law specifies that simply believing a minor was over 18 is not a defense.

Non-Sexual Endangerment

The law also covers endangering conduct that is non-sexual in nature. This includes:

• Physical abuse
• Emotional abuse
• Neglect
• Abandonment

For parents/guardians, this is also a second-degree crime. For other adults, it is a third-degree offense.

Unlike sexual crimes, a defense like diminished capacity may apply in non-sexual cases if the parent/caregiver can show they lacked the mental state to understand the harm they were inflicting.

Child Pornography Offenses

Child pornography laws are covered under Section 2C:24-4(b)(5). Manufacturing, distributing or possessing child pornography are first-degree crimes carrying 10-20 years in prison.

Penalties increase based on the number of pornographic items involved:

• 25-99 items: Mandatory minimum 3-5 year prison sentence
• 100-999 items: Presumption of imprisonment
• 1000+ items: Mandatory minimum 10 year prison sentence

Sentencing Factors

For any endangering conviction, sentencing depends on two factors:

1. Degree of crime: First-degree crimes have the longest sentences, followed by second-, third- and fourth-degree offenses.
2. Sexual nature: Sexual offenses often lead to longer sentences compared to non-sexual crimes.

Defendants with no criminal history may be eligible for probation instead of prison for third- and fourth-degree crimes.

Megan’s Law Implications

Many child endangerment convictions require sex offender registration under Megan’s Law. This brings additional penalties like registration requirements, community notification, and parole supervision for life.

Defenses to Endangering Welfare of a Child Charges

There are several defenses that a skilled criminal defense attorney may use to fight endangering charges:

• False allegations: In custody disputes, one parent may falsely accuse the other of abuse or neglect. An attorney can argue there is insufficient evidence to support the allegations.
• Lack of duty of care: For non-parents, if there is no evidence you assumed responsibility for caring for the child, this negates the legal duty element of the crime.
• No risk of harm: One defense is showing that while your actions were foolish, the child was never realistically in danger. For example, briefly leaving a sleeping toddler alone to run an errand.
• Diminished capacity: As mentioned above, this applies to non-sexual crimes when mental disability prevented understanding the consequences of your actions.
• Right to discipline: Parents have a right to use reasonable corporal punishment. This excludes conduct like punching, kicking, burning, etc. that crosses the line into abuse.

Takeaways

The crime of endangering the welfare of a child covers a broad range of conduct that puts children in danger. Harsher penalties apply to sexual crimes as well as offenses committed by parents and guardians.

While these cases are extremely serious, an experienced New Jersey criminal defense lawyer can advise on the defenses that may apply to your specific situation. Don’t hesitate to contact an attorney for a free consultation if you are under investigation or facing charges. With an aggressive legal defense, it may be possible to get charges reduced or dismissed and avoid lengthy prison sentences and sex offender registration.