What is Criminal Endangering in New Jersey?

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 (CSAM – Cyber Sexual Assault Material).

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 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.

Megan’s Law

Megan’s Law was enacted in New Jersey in 1994 to provide the public with access with information regarding convicted sex offenders. In certain circumstances, those convicted of Endangering the Welfare of a Child are required to register as a sex offender on a tiered basis under Megan’s Law.

Additional penalties for violating Megan’s Law can include:

• Notifying neighbors of your sex offender status
• Restricting where you can or can not live.
• Monitored presence on or use of the internet.

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.

You also may face mandatory minimum sentences of incarceration in cases involving a certain number of child pornography images.

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.