Table of Contents

Table of Contents

NJ Endangering the Welfare of a Child - 2C:24-4

Our Approach

As NJ Endangering the Welfare of a Child lawyers, we are committed to fighting your criminal charges.
You will benefit from our extensive trial experience.
Most importantly, we will be honest about your chances of winning your case.
We never guarantee results.
However, we absolutely guarantee that we will aggressively fight for you!

Your case is as important to us as it is to you.  Each case is different and we welcome the opportunity to protect & defend you.

When you hire us, you will get complete access to us. We respond to all communications & love answering questions.
Our fees are reasonable and we offer payment plans.

What is the sentence for endangering the welfare of a child?

Second-Degree Felony

Fine – Up to $15,000
Sentence – Up to 5 years in prison

Third-Degree Felony

Fine – Up to $150,000
Sentence – Up to 10 years in prison

Under the New Jersey law (N.J.S.A. 2C:29-2), a person is guilty when he or she purposely prevents a law enforcement officer from effecting a lawful arrest. Here are some examples of resisting arrest:

  • Deliberately stopping a police officer from making an arrest.
  • Attempting to stop a police officer from making an arrest.
  • Deliberately stopping or attempting to stop an arrest by fleeing the scene.

More Penalties - NJ Megan's Law

Whenever you get convicted of a serious sex offense, Megan’s law applies.
This means that you will have to register as a “sex offender”.
You will have to notify the local police department that you are on the sex offender list & let them know where you live.
In addition, if you are convicted of an “internet sex crime” like child pornography, you will never be allowed to use the internet.

Endangering the welfare of a child in the second degree falls under Megan’s law.

Do I Have A Right To A Trial??

You absolutely have a right to a trial.
Our Jersey City Criminal Lawyers will prepare your defense and take your matter to trial.
Remember: You are presumed innocent until proven guilty.

§ 2C:24-4 ENDANGERING THE WELFARE OF A CHILD

(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 second degree. 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 third degree.

(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 as defined is guilty of a crime of the second degree. 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 third degree.

Examples of behavior that can get you charged with 2nd-degree endangering the welfare of a child

  • Engage in sexual conduct that would debauch or impair the child’s morals;
  • Harms the child in a manner that would render the child abused or neglected;
  • Causes or permits the child to engage in prohibited sexual acts or the simulation of such acts for the purpose of filming or recording the act;
  • Films or photographs a child performing a prohibited sexual act; or
  • Receives films or photos of a child performing a prohibited sexual act for the purpose of selling or distributing pornography.
  • DYFS hearings
  • Driving while intoxicated while a minor is in the vehicle

famous cases dealing with endangering the welfare of a child

  • State v Hackett – Defendant convicted of third-degree endangering welfare of children , arising from his standing nude in his house in view of girls waiting at the school bus stop.
  • State v Johnson – Defendant’s conduct in which he requested a photograph of victim’s breasts on a social networking website was “sexual conduct” within the meaning of statute governing endangering the welfare of a child , though defendant alleged that his message was a joke and nothing more
  • State v Bryant – Conviction for endangering welfare of child did not require proof that defendant knew that his sexual conduct would impair or debauch victim’s morals.

Legal Defenses

This is a very difficult question to answer.

For example, you may get arrested because of a “false accusation”. 
Oftentimes, these cases come out of DYFS investigations.
If you are facing child support problems, the parent of your child may lie about you to get the upper hand.

It is important to examine all of the evidence against before we develop a defense theory.

important tip: Be Patient! You will Get Your Day in Court

Remember, when you talk to a police officer, everything you say can & will be used against you.
Do not try to explain your story to a police officer. There is always time for that.
If you make a mistake while you are telling your story to a police officer, this becomes evidence against you.
Be patient and hire a NJ Endangering the Welfare of a Child lawyer to help you with your criminal case.

  • Endangering the Welfare of a Child Lawyer Near Me

If you would like to meet with us to discuss your case, we offer FREE consultations.

A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.