Consensual Juvenile Sex & Child Endangerment: Part 4

by | Sep 15, 2017 | Blog, Criminal Law, Laws Protecting Children, Monmouth County, Ocean County

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 disposition. We are not fact-finders.

The judge articulated the insufficiency of the evidence as to penetration. Whether he was motivated to make this finding in part by mercy is not legally relevant. Double jeopardy prevents the State’s appeal of a not-delinquent finding in a juvenile trial.

We need not reach the issue of whether the Legislature intended a juvenile to be found delinquent for endangering the welfare of another child under any circumstances. Juveniles are subject to the child endangerment statute, in particular with respect to the prohibition against distribution of child pornography.

Neither penetration nor coercion was found by the trial judge. The Legislature expressly stated its intent not to criminalize sexual contact between children less than four years apart in age absent either penetration or coercion. We must honor that Legislative expression.

To the extent that the child endangerment statute might nonetheless be thought to include behavior of the nature found by the judge in this case, ambiguity in the construction of the statute must be resolved in favor of the juvenile both because the specific statute trumps the general statute and because ambiguous criminal statutes must be interpreted favorably to the accused. The trial Court’s adjudication of delinquency for third degree endangering the welfare of a child is reversed.

The recitation of the facts at the trial court level seem to indicate that the judge issued a verdict that subjected the juvenile to probation, but not having to register as a sex offender. It would be interesting to know how the trial judge would rule in hindsight, after the probationary sentence was reversed and the juvenile was completely exonerated. This seems like a case that the prosecution will appeal to the New Jersey Supreme Court.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
i have not needed the service of fred sisto but am grateful for the notices i receive
Bill P
Google star 1Google star 2Google star 3Google star 4Google star 5
Honestamente el mejor, lucha hasta el final para darte los mejores resultados y es muy honesto. En mi caso iba a perder mi licencia de conducir y hasta dos años de probatoria y el Sr. Sisto lo resolvió con una multa. Estoy muy agradecido y satisfecho con los resultados y del trabajo de el.
Emmanuel A
Google star 1Google star 2Google star 3Google star 4Google star 5
I am very appreciative of all of the time and effort Fred his given to my case. It was a pleasure having him help me. Fred always was there to answer any messages about questions or concerns. If there were any fears i had as as well, Fred is responsive and helped mitigate any anxiety I had regards to your legal matter. In terms of knowledge of the law, he can explain and elaborate everything perfectly in a manner anyone can understand so you aren't caught off guard by anything in your legal situation. Fred as your lawyer allows for transparency which is needed for you as a client because it allows you to properly fathom the situation at hand and allows Fred to help you understand realistic outcomes for your situation. As a client, that is what you want to see from your lawyer so they clearly have your best interests at hand. That is a great attribute Fred has. Lastly, Fred helped me get everything dropped. I would recommend Fred because hes personable, his expertise, his array of legal knowledge, his legal experience and background, and he contains attributes you need in a lawyer to get you the best outcome.
Matthew F
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Muy buen abogado lo rrecomiendo!!
Victor N
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Quick response to phone calls and emails. Answered all my questions knowledgeably. And represented us very well in the courtroom. Thank you again.
Julie F
Google star 1Google star 2Google star 3Google star 4Google star 5
Have nothing but great things to say about Fred, highly recommended
Bill S