“N.J.S.A. 2C:24-4. Endangering Welfare of Children” was amended as well. The first change involved a broadening of the definition of "Item depicting the sexual exploitation or abuse of a child.” The definition now includes “a photograph, film, video, an electronic,...
Laws Protecting Children
New Child Porn Laws: Part 2
Notwithstanding the provisions of N.J.S.A. 2C:1-8, a conviction of leader of a child pornography network shall not merge with the conviction for any offense which is the object of the conspiracy, nor shall the other conviction merge with a conviction under this...
New Child Porn Laws: Part 1
On February 1, 2018, new laws will go into effect regarding child pornography offenses. One law establishes the first degree crime for being the “leader of [a] child pornography network.” Separate laws establish additional penalties related to child pornography and...
Consensual Juvenile Sex & Child Endangerment: Part 4
When a court does not find facts legally sufficient to adjudicate the accused delinquent, that is the end of the matter with respect to that charge. We cannot, as the State here urges, change the original adjudication based on comments the court made while imposing a...
Consensual Juvenile Sex & Child Endangerment: Part 3
The Legislature did not intend sexual behavior between children close in age not involving penetration, which it specifically exempted from the criminal statutes, to nonetheless be included within the crime of child endangerment. Our Supreme Court has told us to...
Consensual Juvenile Sex & Child Endangerment: Part 2
Once the judge found insufficient evidence of sexual penetration, the question became whether a juvenile who is not guilty of sexual assault due to an insufficient age differential could nonetheless be adjudicated delinquent of child endangerment for that same...
Consensual Juvenile Sex & Child Endangerment: Part 1
On August 9, 2017, a three-judge appellate panel decided the case of State in the Interest of D.M. The principle issue was whether a defendant who was less than four years older than the alleged victim could be adjudicated delinquent of child endangerment under...
Youth Ministries & Sex Offenders: Part 2
The New Jersey Supreme Court held that a plain-language reading of N.J.S.A. 2C:7-22 does not exempt a youth ministry associated with a church or other religious organization from the definition of "youth serving organization." N.J.S.A. 2C:7-23(a) provides, in relevant...
Youth Ministries & Sex Offenders: Part 1
On July 20, 2017, Justice Timpone wrote for a unanimous New Jersey Supreme Court in the case of State v. S.B. In this appeal, the Court determines whether a youth ministry associated with a church or religious organization is exempt from the definition of a "youth...
Juvenile Life Sentences: Part 4
The next issue to arise out of cases like this will likely be “what constitutes a lengthy period of parole ineligibility.” It is surprising that the Chief Justice did not anticipate this issue and set a bright line with a definite number of years. The Court continued:...