Endangering the Welfare of a Child

A criminal charge of “Endangering” in New Jersey refers to the criminal statute “Endangering the Welfare of a Child.” The statute, N.J.S 2C:24-4, criminalizes various conduct involving children and establishes different offense levels, ranging from a crime in the third degree to a crime in the first degree.

Individuals who are charged with Endangering are exposed to a host of consequences. These are consequences that are imposed both before and after a conviction. By way of example, once charged, a condition of a defendant’s pre-trial release may be that they are prohibited from using the internet. If convicted, consequences can include probation, jail, prison, Megan’s Law registration, and/or Parole Supervision for Life.

The specific circumstances of the case will determine the level of the offense charged and the potential exposure for consequences. Convictions can be found in the third, second, or first degree, each increasing dependent on the severity of the crime. Charges can be brought whether crimes are committed in-person or online (typically falling under the umbrella of CSAM – Cyber Sexual Assault Material).

Endangering the Welfare of a Child Charges in NJ

The following is a breakdown of New Jersey’s Endangering the Welfare of a Child statute.

Endangering the Welfare of a Child in the Third Degree

Endangering the welfare of a child in the third degree occurs in the following situations:

Engaging in or causing sexual conduct that would impair or debauch the morals of a child
Engaging in conduct or causing harm to a child that would make the child an abused or neglected child
Knowingly possessing, viewing, or having under control, through any means, including the Internet, less than 1,000 items depicting the sexual exploitation or abuse of the child

Endangering the Welfare of a Child in the Second Degree

Endangering the welfare of a child in the second degree occurs in the following situations:

Engaging in or causing sexual conduct that would impair or debauch the morals of a child when they have a legal duty for the care of a child, or they have assumed responsibility for a child
Engaging in conduct or causing harm to a child that would make the child an abused or neglected child when they have a legal duty for the care of a child or they have assumed responsibility for a child
Photographing or filming a child in a prohibited sexual act or the simulation of such an act or for portrayal in a sexually suggestive manner or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or the simulation of such an act or for portrayal in a sexually suggestive manner
If, by any means, including but not limited to the Internet, he
- knowingly distributes less than 1,000 items depicting the sexual exploitation or abuse of a child;
- knowingly possesses less than 1,000 items depicting the sexual exploitation or abuse of a child with the intent to distribute those items; or
- knowingly stores or maintains less than 1,000 items depicting a child’s sexual exploitation or abuse using a file-sharing program designated as available for searching by or copying to one or more other computers.
Knowingly possessing, viewing, or having under control, through any means, including the Internet, at least 1,000, but less than 100,000 items depicting the sexual exploitation or abuse of the child

Endangering the Welfare of a Child in the First Degree

Endangering the welfare of a child in the first degree is a sex crime that occurs in the following situations:

Causing or permitting a child to engage in a prohibited sexual act or the simulation of such an act or to be portrayed in a sexually suggestive manner if the person knows, has reason to know, or intends that the prohibited act or portrayal may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance
If, by any means, including but not limited to the Internet, he:
- knowingly distributes 1,000 or more items depicting the sexual exploitation or abuse of a child;
- knowingly possesses 1,000 or more items depicting the sexual exploitation or abuse of a child with the intent to distribute those items; or
- knowingly stores or maintains 1,000 or more items depicting a child’s sexual exploitation or abuse using a file-sharing program designated as available for searching by or copying to one or more other computers.
Knowingly possessing, viewing, or having under control, through any means, including the Internet, 100,000 or more items depicting the sexual exploitation or abuse of the child

Non-Sexual Conduct That is Considered Endangering the Welfare of a Child

Dependent on the relationship between a child and the accused, endangering charges based on non-sexual content can be classified as either a third or second-degree crime. Parents and legal guardians accused of these crimes will receive harsher punishments.

Examples of this conduct can include:

Hitting, striking, or otherwise inflicting physical injury
Causing substantial risk of injury or death (DUI, inadequately securing weapons or drugs, etc.)
Inadequate supervision either at home, in a car, or otherwise dangerous situation
Failing to provide proper care. This can include food, clothing, healthcare, etc.

Child Pornography

Child pornography in New Jersey is defined as “the visual depiction of a person under the age of 18 engaged in sexually explicit conduct.” If images are distributed or downloaded across state lines — downloading images in New Jersey from a server in California, for example — the case may be prosecuted under federal law.

There is no criminal charge in New Jersey for “Possessing Child Pornography”. Rather, Child Pornography cases in New Jersey are charged as Endangering the Welfare of a Child under 2C:24-4b. The charges range from third-degree up to first degree. The charges include:

First Degree –
- Causing or permitting a child to engage in a prohibited sexual act and films/records the act. (2C:24-4b(3))
- Distribution, intent to distribute or stores or maintains child pornography in a file-sharing program which is designated as available for searching or copying by one or more computers of more than 1,000 images of child pornography (2C:24-4b(5)(a))
- Possession of 100,000 or more images of child pornography (2C:24-4b(5)(b)(i))
Second Degree –
- Filming of a child in a prohibited sexual act (2C:24-4b(4))
- Possession of more than 1,000 but less than 100,000 images of child pornography (2C:24-4b(5)(b)(ii))
- Distributing or sharing child pornography, Possesses child pornography with the intent to distribute or stores or maintains child pornography in a file-sharing program which is designated as available for searching or copying by one or more computers less than 1,000 images of child pornography (2C:24-4b(5)(a))
Third Degree –
- Possession of less than 1,000 images of child pornography (2C:24-4b(5)(b)(iii))

Penalties for Endangering the Welfare of a Child

If you are convicted of endangering the welfare of a child, you can face severe consequences. The severity of the penalties for this crime depends on the degree of the offense involved, whether the endangerment is of a sexual nature, and in the case of child pornography, how many images are involved in the crime.

Penalties for Endangering the Welfare of a Child can include:

Third Degree – 3 to 5 years of incarceration and a fine of up to $15,000 under N.S.A. 2C: 43-6(a)(3).
Second Degree – 5 to 10 years of incarceration and a fine of up to $150,000 with the presumption of incarceration.
First Degree – 10 to 20 years of incarceration, as well as a fine of up to $200,000 with the presumption of incarceration.

Child pornography sentencing laws have been amended to be much harsher for individuals convicted of possessing or distributing child pornography. Child Pornography convictions now have more mandatory periods of incarceration.

Distribution, Possession with Intent to Distribute or Maintaining a File Sharing Program with at least 25 but less than 1,000 images of child pornography – Mandatory period of parole ineligibility of between ⅓ and ½ of the sentence or 5 years, whichever is greater.
Distribution, Possession with Intent to Distribute or Maintaining a File Sharing Program with 1,000 or more images of child pornography – Mandatory period of parole ineligibility of between ⅓ and ½ of the sentence or 10 years, whichever is greater.
Possession of 100 or more images of child pornography – Removes the legal presumption of non-incarceration and calls for mandatory imprisonment
Second or subsequent conviction for possession of child pornography – Extended Term sentence, which means that you will be sentenced one degree higher than your actual charge. For example, an extended-term sentence on a third-degree conviction would be 5-10 years in State Prison, rather than 3-5 years.

Get the Legal Advice that You Need in Your Criminal Case

The criminal defense lawyers of Rosenberg, Perry & Associates, LLC, can evaluate the allegations of criminal actions against you and develop the defense strategy most likely to be successful in your case. Getting legal advice and representation can be crucial to a positive outcome in your case. You can reach us by phone at (609) 216-7400 or visit us online.