Monmouth County Endangering Welfare of a Child Lawyer
N.J.S.A.2 C:24-4, which is the governing statute in New Jersey for endangering the welfare of a child, is one of the most complex statutes in the entire criminal code. As you will see below, this statute covers not only the sexual abuse of a child but physical abuse as well. In addition, it also covers not only possession of child pornography but manufacturing and distributing it as well. With that being said, this offense usually goes hand and hand with other rather serious offenses as well, including but not limited to aggravated sexual assault, aggravated assault, criminal sexual contact, sexual assault and aggravated criminal sexual contact. If you or a loved one has been charged with endangering the welfare of a child in Monmouth County, the Keith Oliver Criminal Law can help. As you will see below, this offense can be either a first, second or third degree felony. Therefore, if convicted, a Defendant could be facing upwards of twenty (20) years in a State prison.
Looking for Local Endangering Welfare of a Child Attorney in Freehold
Mr. Oliver, one of the firms founding partners, has dedicated his entire career to defending those accused of crimes in courts throughout New Jersey, including Monmouth County. The criminal defense attorneys at Keith Oliver Criminal Law routinely appear in Courts throughout Monmouth County, including courts like the Monmouth County Superior Court, the Middletown Municipal Court, the Hazlet Municipal Court, the Freehold Municipal Court, the Tinton Falls Municipal Court, the Aberdeen Municipal Court and the Asbury Park Municipal Court. If you would like to have a free initial consultation with Mr. Oliver or one of the other attorneys on staff then please contact us at (732)858-6959. We fully understand that being charged with a criminal offense of this nature can be rather stressful and that time is of the essence. Therefore, we are available 24/7 to help assist in any way possible. Now here is some crucial information on endangering the welfare of a child, including the breakdown in different sections.
How Serious is an Endangering the Welfare of a Child Charge in NJ?
Unfortunately, most individual’s charged with endangering the welfare of a child also tend to find themselves facing other serious criminal charges as well. For example, if it is alleged that an individual physically assault their child and the child suffered serious bodily injury as a result, the individual would be charged with not only second degree endangering the welfare of a child but second degree aggravated assault as well. That is just one of the many factually scenarios that we see. Some other common charges that we see being issued with endangering the welfare of a child include but are not limited too: criminal sexual contact, driving while intoxicated, possession of CDS, aggravated sexual assault and unlawful possession of a weapon. More often than not, these ancillary charges carry with them the potential for a more severe sentence.
What are the Elements for Endangering the Welfare of a Child Charges in NJ?
As mentioned above, endangering the welfare of a child is a rather complex statute. It encompasses a wide array of potential conduct. Here is a breakdown in the different sections of the statute:
1st Degree Felony: Manufacturing Child Pornography: N.J.S.A. 2C:24-4b(3)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant knowingly caused or permitted a child to engage in a sexual act or simulation. In addition, it must be shown that the Defendant knew or had reason to know the sexual act would be photographed, filmed or reproduced.
2nd Degree Felony: Sexual Conduct: N.J.S.A. 2C:24-4a(1)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant, knowingly engaged in sexual conduct that would “impair or debauch the morals of a child” and that they had or assumed a legal duty to take care of the child. For purposes of this statute, a child has been defined as anyone under the age of eighteen.
2nd Degree Felony: Abuse or Neglect: N.J.S.A. 2C:24-4a(2)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant, knowingly caused harm that would make a child “abused or neglected” and that they had or assumed a legal duty to take care of the child in question.
2nd Degree Felony: Distributing Child Pornography: N.J.S.A. 2C:24-4b(5)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant knowingly sold, procured, manufactured, gave, lent, provided, circulated or offered to give any photographs, films or videotapes of a child whom was engaged in a sexual act or simulation thereof. It must be shown that the Defendant knew that the child was engaged in the sexual act or simulation thereof.
3rd Degree Felony: Sexual Contact: N.J.S.A. 2C:24-4a(1)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant knowingly engaged in sexual conduct that would “ impair or debauch the morals of a child”. The difference between this section and the one addressed above was the fact that in order to be convicted of a second degree, the State must show the Defendant had or assumed a legal duty to take care of the child in question.
3rd Degree Felony: Abuse or Neglect N.J.S.A. 2C:24-4a(2)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant, knowingly caused harm that would make a child “abused or neglected”. The state does not need to show that the Defendant had and/or assumed a legal duty to take care of the child in question.
3rd Degree Felony: Possession of Child Pornography: N.J.S.A. 2C:24-4b(5)(b)
- In order to be convicted under this section of the statute the State must show beyond a reasonable doubt that the Defendant knowingly possessed or viewed any photograph, film or videotape which depicts a child either engaging in a sexual act or simulation thereof.
What is the Sentence for Endangering the Welfare of a Child in NJ?
- First Degree Felony: A Defendant convicted under of this degree will be facing up to twenty (20) years in a State Prison, a fine up to $200,000 and subject to Megan’s Law Registry.
- Second Degree Felony: A Defendant convicted under of this degree will be facing up to ten (10) years in a State Prison, a fine up to $150,000 and subject to Megan’s Law Registry.
- Third Degree Felony: A Defendant convicted under of this degree will be facing up to five (5) years in a State Prison, a fine up to $15,000 and potentially be subject to Megan’s Law Registry. If Megan’s Law is applicable, it will depend directly on what section a Defendant is convicted of.
Placed on Megan’s Law for Endangering Welfare of a Child Charge, Can I get Removed?
Pursuant to NJSA 2C:7-2, if an individual remains conviction free for at least fifteen years from the date of conviction or the date released from custody, whichever is later, they may seek to petition the Court to removed from the Megan’s Law Registry and the mandatory Megan’s Law reporting requirement. For more information on what would be required in order to be removed from Megan’s Law in New Jersey, please click the link.
Need to Consult with Attorney for Endangering the Welfare of a Child Charge in Middletown
As you can tell from reading above this is a very complex statute. It encompasses a tremendous amount of potential conduct. Therefore, if you or a loved one has been charged with endangering the welfare of a child in Monmouth County, in towns like Ocean Township, Neptune, Manasquan, Keyport, Howell, Belmar, Manalapan or Red Bank it is imperative that you speak to an experienced criminal defense attorney. Regardless of the subsection that a Defendant is charged with, the penalties if convicted are devastating. If you would like to come into our office and have a face to face consultation with Mr. Oliver then please contact us at (732.858.6959). Mr. Oliver has extensive experience representing clients charged with not only endangering the welfare of a child but aggravated sexual assault, lewdness, possession of child pornography and criminal sexual contact as well.