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Endangering the Welfare of a Child
Endangering the Welfare of a Child (N.J.S.A. 2C:24-4)
Endangering the Welfare of a Child (Sexual Conduct): Pursuant to N.J.S.A. 2C:24-4(a)(1), any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child is guilty of a crime of the 2nd degree, which is punishable by up to 10 years in New Jersey State Prison. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the 3rd degree, which is punishable by up to 5 years in New Jersey State Prison.
Endangering the Welfare of a Child (Child Abuse or Neglect): Pursuant to N.J.S.A. 2C:24-4(a)(2), any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child is guilty of a crime of the 2nd degree, which is punishable by up to 10 years in New Jersey State Prison. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the 3rd degree, which is punishable by up to 5 years in New Jersey State Prison.
Endangering the Welfare of a Child (Prohibited Sex Acts/Portrayal in Sexually Suggestive Manner): Pursuant to N.J.S.A. 2C:24-4(b)(3), a person commits a crime of the 1st degree if he causes or permits a child to engage in a prohibited sexual act or in 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.
Endangering the Welfare of a Child (Photographing/Filming Child): Pursuant to N.J.S.A. 2C:24-4(b)(4), a person commits a crime of the 2nd degree if he photographs or films a child in a prohibited sexual act or in 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 in the simulation of such an act or for portrayal in a sexually suggestive manner. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison.
Possession/Distribution Child Sexually Exploitative Materials: Pursuant to N.J.S.A. 2C:24-4(b)(5), a person commits a crime if, by any means, including but not limited to the Internet, he:
Knowingly distributes an item depicting the sexual exploitation or abuse of a child;
Knowingly possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or
Knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program which is designated as available for searching by or copying to one or more other computers.
A violation of this section that involves 1,000 or more items depicting the sexual exploitation or abuse of a child is a crime of the 1st degree; otherwise it is a crime of the 2nd degree.
*NOTE: There are certain mandatory prison terms for a person convicted of possession and/or distribution of child sexually exploitative materials.
Viewing or Having Control of Child Sexually Exploitative Materials: Pursuant to N.J.S.A. 2C:24-4(5), it is a crime to:
Knowingly possess, knowingly view, or knowingly have under his control, through any means, including the Internet, 100,000 or more items depicting the sexual exploitation or abuse of a child—this is a 1st degree offense.
Knowingly possess, knowingly view, or knowingly have under his control, through any means, including the Internet, at least 1,000 but less than 100,000 items depicting the sexual exploitation or abuse of a child—this is a 2nd degree offense.
Knowingly possess, knowingly view, or knowingly have under his control, through any means, including the Internet, less than 1,000 items depicting the sexual exploitation or abuse of a child.
*NOTE: There are certain mandatory prison terms for a person convicted of possession and/or distribution of child sexually exploitative materials.
*NOTE: This is a strict liability offense—meaning, it is not a defense that the actor did not know that the child was under 18 or that the actor believed the child was 18, even such mistaken belief was reasonable.