New Jersey Section 2C:40-1 – Creating a hazard

New Jersey’s Law on Creating a Hazard – What You Need to Know

New Jersey’s law on creating a hazard, also known as Section 2C:40-1, is an important statute that both lawyers and regular citizens should understand. This law makes it illegal to create dangerous situations that put people’s health and safety at risk.

What Does the Law Say?

The key part of Section 2C:40-1 states:

“A person is guilty of a disorderly persons offense when:

a. He maintains, stores or abandons in any place accessible to children, whether or not such children are trespassers, any abandoned well, cesspool, refrigerator, icebox, motor vehicle, other dangerous container or structure of any kind which is attractive, accessible and dangerous to children and can therefore endanger their health, safety or welfare; or

b. Being the owner or otherwise having possession of property on which an abandoned well, cesspool, refrigerator, icebox, motor vehicle, other dangerous container or structure of any kind exists in violation of subsection a. of this section, he fails to put up suitable safeguards or warnings against the inherent danger therein for the protection of children; or

c. He discards or abandons in any public or private place accessible to children, whether or not such children are trespassers, any personal property, rubbish, refuse, junk or debris of any kind which may endanger their health, safety or welfare.”

So in plain English, this law makes it illegal to:

• Leave dangerous items like old refrigerators or cesspools on your property where kids could access them and get hurt. You must properly dispose of these items or secure your property.
• Allow dangerous conditions like open wells or decrepit buildings to exist on your land if they pose a risk to kids. Even if the kids are trespassing, you have a duty to make your property reasonably safe.
• Dump or abandon junk or debris in public places or private property where children could be endangered by it. This includes things like broken glass, rusty metal, garbage, etc.

The key is that the dangerous condition has to be accessible to and pose a risk to the health and safety of children. If it is properly secured or not a realistic danger, then you are not violating 2C:40-1.

What Are the Penalties?

Violating Section 2C:40-1 is a disorderly persons offense. This is a minor criminal charge, similar to a misdemeanor in other states.

The potential penalties if convicted of this offense include:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

So while not a major felony, it is still a criminal charge that carries real consequences. Leaving dangerous conditions that could harm kids is taken seriously.

When Does This Law Apply?

Section 2C:40-1 applies anytime the specific circumstances mentioned in the statute occur. Some examples of when this law could come into play include:

• Allowing an unfenced, empty swimming pool to collect rainwater on your property that kids could fall into. Even if they are trespassing, you have a duty to fence it or drain it.
• Letting an abandoned refrigerator or freezer sit in your yard with the door closed. Kids may climb in and get trapped.
• Having machinery, farm equipment, or construction vehicles/tools accessible to kids who may start them up and get injured.
• Dumping a pile of broken glass or rusty metal scraps in a wooded area where kids play.
• Leaving a deep pit or well uncovered on your land.
• Abandoning a house in disrepair that kids could enter and be exposed to hazards like exposed wires, rotting floors, mold, etc.

So in general, if your property has a dangerous condition that is realistically accessible to and could injure a child, you need to take steps to secure it or you may be violating 2C:40-1.

Are There Any Defenses?

There are a few potential defenses if you are charged under this statute:

• Lack of access: You could argue the dangerous condition was not truly accessible to children due to fencing, location, security measures, etc. The hazard has to be reasonably likely for kids to access.
• Not a realistic danger: You may claim that while accessible, the condition did not really pose a likely threat of harm to children. There has to be a genuine, serious risk of injury.
• Lack of knowledge: You can assert that you were unaware of the dangerous condition on your property and acted reasonably under the circumstances. However, negligence is not a full defense.
• Consent or assumption of risk: In limited cases, you may claim that the children were aware of and accepted the risks. But this does not apply to very young kids.
• Others’ actions: If others dumped debris or created unsafe conditions on your land without your knowledge, you may avoid liability.

But in general, Section 2C:40-1 creates a duty to protect kids from dangerous conditions on your property, whether you created them or not. The available defenses are limited.

How Can I Avoid Violations?

To avoid running afoul of Section 2C:40-1 and putting children at risk, you should:

• Regularly inspect your property for hazards – look for open pits, machinery, junk piles, dilapidated structures, etc.
• Secure dangerous areas with appropriate fencing, barriers, locks, signs, etc.
• Clean up and properly dispose of any junk, debris or abandoned structures.
• Drain or fence any standing pools of water that kids could fall into.
• Keep machinery and tools locked up when not in use.
• Post clear warning signs if you have any risky areas that cannot be fully secured.
• Don’t allow dilapidated, unsafe structures to stand – demolish or repair them.
• Report any dangerous conditions you notice on others’ properties as well. We all share responsibility.

With reasonable care and common sense, we can all do our part to protect kids under this law. While it may require some time and money to childproof your property, it is worth it to avoid tragic accidents. Please inspect your land today!

What If I’m Charged Under This Law?

If you are charged with a violation of Section 2C:40-1, don’t panic but also don’t ignore it. Speak with a local criminal defense attorney as soon as possible. An experienced lawyer can review the evidence against you, advise you on the best defense strategy, and represent your interests in court.

Some options a lawyer may pursue include:

• Negotiating with prosecutors to get the charges reduced or dismissed through a plea bargain.
• Gathering evidence to undermine the prosecution’s case.
• Asserting any valid defenses that apply.
• Appealing any conviction.

While a seemingly minor offense, a conviction under 2C:40-1 still carries consequences. So don’t go it alone. Get legal help to protect your rights and avoid a criminal record.

Let’s Keep Our Kids Safe

New Jersey’s law against creating a hazard reflects our shared responsibility to protect children from preventable harm. While it imposes duties on property owners, we should all be regularly surveying for risks wherever kids gather – homes, schools, parks, etc.

With reasonable care and vigilance, we can identify hazards before tragedy strikes. If you see something, say something. And if you own property, take proactive steps to childproof it. Our children’s safety should always come first.