What Constitutes “Endangering the Welfare of Children” in New Jersey?

Endangering the Welfare of Children is a criminal offense that comes with severe penalties in the state of New Jersey. There are several types of crimes that can be charged as Endangering the Welfare of Children, ranging from causing harm to a child that constitutes abuse or neglect to creating or distributing child pornography.

If you were charged with Endangering the Welfare of Children, it is crucial that you contact a criminal attorney immediately to discuss potential defense strategies. As a former Assistant Prosecutor, I have a unique skillset and knowledge that make me particularly effective as a criminal defense lawyer in Elizabeth. Call 973-453-2009 to schedule a free initial consultation at the Law Office of Eric M. Mark.

How Is Endangering the Welfare of Children Charged?

Endangering the Welfare of Children can be charged as a first-, second-, or third-degree crime. You will be charged with a first-degree crime if you permitted or caused a child to engage in a prohibited sexual act or simulated such an act and you knew, had reason to know, or intended the act to be filmed, photographed, reproduced, or reconstructed.

You will be charged with a second-degree crime if you filmed or photographed a child in a prohibited sexual act or simulated such an act or used any device to reconstruct or reproduce the image of a child engaging in a prohibited sexual act or in the simulation of such an act. You can also be charged with a second-degree crime if you knowingly distributed an item depicting the sexual abuse or exploitation of a child, possessed an item depicting the same with the intent to distribute the item, or stored or maintained an item depicting the sexual abuse or exploitation of a child using a file-sharing program that is available for copying or searching using one or more other computers.

You can also be charged with a second-degree crime if you had a legal duty for the care of a child or you had assumed responsibility for the care of a child and you:

• Engaged in sexual conduct that would impair or debauch the morals of the child; or
• Caused harm to a child that would make the child an abused or neglected child.

If you are guilty of one of these two offenses but you did not have a legal duty for the care of the child nor had you assumed responsibility for the care of the child, you will be charged with a third-degree crime.

You may also be charged with a third-degree crime if you knowingly viewed, possessed, or had control of an item depicting the sexual abuse or exploitation of a child.

If you are facing charges for Endangering the Welfare of Children, your first call should be to a criminal defense lawyer. Contact my office today to discuss potential defense strategies that apply to your case. Call 973-453-2009 to schedule a free consultation with a criminal attorney in Eliz