“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, electromagnetic or digital recording, an image stored or maintained in a computer program or file […]

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 section. Nothing contained in this section shall be construed in any way to […]

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 expand the definition of the crime to include portrayal of a child in a sexual […]

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 […]

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 analyze ambiguous statutes in a criminal context in favor of the accused: Like all matters […]

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 behavior. In other words, did the Legislature particularly exempt sexual contact between two children close in […]

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 N.J.S.A. 2C:24-4(a) even though he was acquitted of sexual assault under […]

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 part, that “it shall be unlawful for an excluded sex offender to hold a position or […]

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 serving organization” under N.J.S.A. 2C:7-22, a provision of Megan’s […]