Endangering the welfare of children is a serious New Jersey internet sex crime charge, among several other potential New Jersey internet sex crime charges. The endangering children crime is among the broadest of the New Jersey internet sex crimes, carrying among the stiffest of penalties, including enhanced penalties and mandatory minimum penalties for years in prison. If you face state or federal criminal charges endangering the welfare of children in New Jersey, call 833.536.8652 now or contact us using this form, to retain the Lento Law Firm's Criminal Defense Team. You need the skilled and experienced representation of our premier attorneys for your best possible defense outcome. Get our help to defend and defeat your New Jersey endangering the welfare of children criminal charges.
Acts Constituting Endangering the Welfare of Children
New Jersey Statutes Section 2C:24-4 defines the New Jersey version of the endangering the welfare of children internet sex crime. While the statute applies to other endangering acts beyond use of the internet, the internet versions of the crime can include:
- recording a child in a prohibited sexual act, simulation, or sexually suggestive manner for the internet;
- causing or permitting a child in one's care to engage in a prohibited sexual act, simulation, or sexually suggestive manner while knowing or intending its internet posting;
- knowingly distributing files depicting the sexual exploitation or abuse of a child;
- knowingly possessing files depicting the sexual exploitation or abuse of a child with the intent to distribute;
- knowingly storing or maintaining a file depicting the sexual exploitation or abuse of a child, available for searching by or copying to one or more other computers; or
- knowingly possessing, viewing, or having under control files depicting the sexual exploitation or abuse of a child.
Prohibited Depictions of Children
New Jersey Statutes Section 2C:24-4 also defines the prohibited depictions of children that may constitute endangering the welfare of children, worthy of a serious internet sex crime charge. Thus, to unlawfully portray a child in a sexually suggestive manner means to depict the child with less than completely covered intimate parts, or any form of contact with a child's intimate parts, to “emit sensuality” sufficient to “concentrate prurient interest on the child.” Likewise, to unlawfully depict a child in a prohibited sexual actmeans to show a child engaged in sexual activity, in nudity for sexual gratification, or in any act of sexual penetration or contact. Notice how broadly prosecutors may attempt to define these acts. Virtually any sexually suggestive depiction of children viewed, stored, or exchanged over the internet could lead to criminal charges. Beware of overbroad charges. Get the strategic and effective defense of our skilled and experienced attorneys.
Definition of a Child for Endangering Charges
New Jersey Statutes Section 2C:24-4 also defines a child quite broadly for purposes of the internet sex crime for endangering the welfare of a child, much more so than you might imagine. The statute begins by defining a child as any individual under the age of eighteen. Note that the endangering crime thus applies to sixteen and seventeen-year-olds, when New Jersey generally regards the age of consent for sexual intercourse to be age sixteen. You could, in other words, face the endangering children internet sex crime charge even if the depicted individual was of a consenting age of sixteen or seventeen.
Yet New Jersey Statutes Section 2C:24-4 goes even farther in casting the broadest possible net for the internet sex crime charge of endangering the welfare of a child. If the individual depicted in the internet file was under the age of eighteen, it does not matter if the defendant reasonably believed that the individual was eighteen or older. The statute presumes that the defendant has committed the crime. The statute even includes within its definition of a child an individual who is older than age eighteen, but the internet file depicts the individual as under age eighteen. Beware the broad definitions of child on which the prosecution may rely for your charges. Let us challenge those charges.
Penalty for the Basic Endangering Children Charge
The potential penalty for New Jersey Statutes Section 2C:24-4's basic internet sex crime of endangering the welfare of children is conviction of a third-degree crime. The basic endangering crime involves knowingly possessing, viewing, or having under one's control fewer than 1,000 of the prohibited recorded items. New Jersey punishes a third-degree crime by up to five years in prison and a $15,000 fine. You can see how serious even the basic internet sex crime charge for endangering the welfare of children is. Don't risk a five-year prison sentence with inexperienced or unqualified defense counsel. Retain our highly qualified and experienced Criminal Defense Team for these New Jersey internet sex crime charges.
Criminal Enhancements of the Endangering Charge
New Jersey Statutes Section 2C:24-4 elevates the basic endangering the welfare of children charge to a second-degree crime or even a first-degree crime for any number of different circumstances. Knowingly possessing, viewing, or controlling between 1,000 and 100,000 prohibited recorded items increases the crime to second degree, punishable by up to ten years in prison and a $150,000 fine. Making the prohibited video recording of the child likewise increases the penalty to a second-degree crime. Knowingly possessing, viewing, or controlling more than 100,000 prohibited recorded items increases the crime to first degree, punishable by up to 20 years in prison and a $200,000 fine. Causing or permitting a child in one's care to engage in a prohibited act for an unlawful recording is likewise a first-degree crime. Beware of these potential charge enhancements. Get our help to challenge the enhancement and defend and defeat the charges.
Related New Jersey and Federal Internet Sex Crimes
New Jersey Statutes Section 2C:24-4's endangering the welfare of a child internet sex crime charge is just one of a range of potential New Jersey and federal internet sex crime charges. Charging several similar crimes, some lesser included offenses, and others having different elements to the crimes, is a common prosecution approach. You may face not only the New Jersey endangering the welfare of a child charge but also the New Jersey charges for luring or child enticement, sexual exploitation of children (child pornography), sextortion, cyber harassment, invasion of privacy, or even human sex trafficking. You could alternatively face federal charges for coercion and enticement under 18 USC Section 2422 or for sexual exploitation of children under 18 USC Section 2251. Our premier attorneys are available to defend any and all of these charges, either in New Jersey's state courts or the federal courts located within the state.
Potential Defenses to Endangering Children Charges
Just because you face New Jersey internet sex crime charges in the form of endangering the welfare of a child does not mean that you will or must suffer a conviction of that charge or of any related or lesser charge. A criminal charge is only an allegation that you committed the acts that the criminal complaint states. Our skilled and experienced attorneys may be able to raise any number of complete and effective defenses. The prosecutors in your case may not have the evidence supporting your criminal charges. We need only show that they lack evidence on any one element of your criminal charges.
For instance, your internet devices may not have depicted, stored, or distributed prohibited items. You may not have been the responsible user of those devices if they displayed, stored, or distributed prohibited items. Someone else may have used your devices for unlawful viewing, storing, or distribution, or, through identity theft or similar means, may have made it appear that you were the responsible user. Our forensic computer consultants may be able to analyze your devices and the electronic metadata they store to show that you or your devices were not involved at all.
We may alternatively be able to defend on the basis that you were not aware of the files displayed, stored, or distributed through your devices. The statute may not have prohibited the particular depictions because they depicted adults rather than children or did not depict children in prohibited acts. The police or prosecution may alternatively have violated your constitutional rights against unreasonable search and seizure when acquiring the electronic devices or other digital evidence or when obtaining alleged admissions from you. You can trust our attorneys to raise every effective and strategic defense to your New Jersey internet sex crime charges alleging endangering the welfare of a child. Let us help you defend and defeat your charges.
Premier New Jersey Internet Sex Crime Defense
If you face a state or federal charge of endangering the welfare of children in New Jersey, immediately retain the Lento Law Firm's premier Criminal Defense Team for your best possible defense outcome. Call 833.536.8652 now or fill our our contact form for the skilled and experienced representation you need to defend and defeat serious sex crime charges, whether federal or state, in New Jersey.
