New jersey criminal charge
Endangering welfare of children in New jersey
Current through 2026 New Jersey legislative session
Endangering welfare of children is a criminal offense under New jersey law, defined by N.J.S.A. 2C:24-4. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:24-4.
What is the penalty for endangering welfare of children in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Sexual conduct impairing morals — legal duty/caregiver — A person with legal duty or assumed responsibility for a child engages in sexual conduct impairing or debauching the child's morals.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sexual conduct impairing morals — legal duty/caregiver — A person with legal duty or assumed responsibility for a child engages in sexual conduct impairing or debauching the child's morals.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Sexual conduct impairing morals — other person — A person without such legal duty engages in the same sexual conduct impairing a child's morals.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Sexual conduct impairing morals — other person — A person without such legal duty engages in the same sexual conduct impairing a child's morals.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Causing abuse/neglect harm — other person — A person without such legal duty causes the same abuse/neglect-defined harm to a child.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Causing abuse/neglect harm — other person — A person without such legal duty causes the same abuse/neglect-defined harm to a child.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Causing/permitting child in prohibited sexual act or sexual portrayal — A person causes or permits a child to engage in a prohibited sexual act, its simulation, or sexually suggestive portrayal knowing it may be recorded or exhibited.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Causing/permitting child in prohibited sexual act or sexual portrayal — A person causes or permits a child to engage in a prohibited sexual act, its simulation, or sexually suggestive portrayal knowing it may be recorded or exhibited.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Photographing/filming/reproducing child in prohibited act — A person photographs, films, or reproduces/reconstructs an image of a child in a prohibited sexual act, its simulation, or sexually suggestive portrayal.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Photographing/filming/reproducing child in prohibited act — A person photographs, films, or reproduces/reconstructs an image of a child in a prohibited sexual act, its simulation, or sexually suggestive portrayal.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Distribution/possession with intent to distribute/storage on file-sharing network — 1,000+ items — The distribution, possession with intent to distribute, or file-sharing storage offense under (5)(a) involves 1,000 or more CSAEM items.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Distribution/possession with intent to distribute/storage on file-sharing network — 1,000+ items — The distribution, possession with intent to distribute, or file-sharing storage offense under (5)(a) involves 1,000 or more CSAEM items.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Distribution/possession with intent to distribute/storage on file-sharing network — under 1,000 items — The distribution, possession with intent to distribute, or file-sharing storage offense under (5)(a) involves fewer than 1,000 CSAEM items.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Distribution/possession with intent to distribute/storage on file-sharing network — under 1,000 items — The distribution, possession with intent to distribute, or file-sharing storage offense under (5)(a) involves fewer than 1,000 CSAEM items.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Possession/viewing/control — 100,000+ items — A person knowingly possesses, views, or controls 100,000 or more CSAEM items.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Possession/viewing/control — 100,000+ items — A person knowingly possesses, views, or controls 100,000 or more CSAEM items.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Possession/viewing/control — 1,000 to under 100,000 items — A person knowingly possesses, views, or controls at least 1,000 but fewer than 100,000 CSAEM items.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Possession/viewing/control — 1,000 to under 100,000 items — A person knowingly possesses, views, or controls at least 1,000 but fewer than 100,000 CSAEM items.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Possession/viewing/control — under 1,000 items — A person knowingly possesses, views, or controls fewer than 1,000 CSAEM items.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Possession/viewing/control — under 1,000 items — A person knowingly possesses, views, or controls fewer than 1,000 CSAEM items.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is endangering welfare of children classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual conduct impairing morals — legal duty/caregiver | crime of the second degree | A person with legal duty or assumed responsibility for a child engages in sexual conduct impairing or debauching the child's morals. | N.J.S.A. 2C:24-4undefined |
| Sexual conduct impairing morals — other person | crime of the third degree | A person without such legal duty engages in the same sexual conduct impairing a child's morals. | N.J.S.A. 2C:24-4undefined |
| Causing abuse/neglect harm — other person | crime of the third degree | A person without such legal duty causes the same abuse/neglect-defined harm to a child. | N.J.S.A. 2C:24-4undefined |
| Causing/permitting child in prohibited sexual act or sexual portrayal | crime of the first degree | A person causes or permits a child to engage in a prohibited sexual act, its simulation, or sexually suggestive portrayal knowing it may be recorded or exhibited. | N.J.S.A. 2C:24-4undefined |
| Photographing/filming/reproducing child in prohibited act | crime of the second degree | A person photographs, films, or reproduces/reconstructs an image of a child in a prohibited sexual act, its simulation, or sexually suggestive portrayal. | N.J.S.A. 2C:24-4undefined |
| Distribution/possession with intent to distribute/storage on file-sharing network — 1,000+ items | crime of the first degree | The distribution, possession with intent to distribute, or file-sharing storage offense under (5)(a) involves 1,000 or more CSAEM items. | N.J.S.A. 2C:24-4undefined |
| Distribution/possession with intent to distribute/storage on file-sharing network — under 1,000 items | crime of the second degree | The distribution, possession with intent to distribute, or file-sharing storage offense under (5)(a) involves fewer than 1,000 CSAEM items. | N.J.S.A. 2C:24-4undefined |
| Possession/viewing/control — 100,000+ items | crime of the first degree | A person knowingly possesses, views, or controls 100,000 or more CSAEM items. | N.J.S.A. 2C:24-4undefined |
| Possession/viewing/control — 1,000 to under 100,000 items | crime of the second degree | A person knowingly possesses, views, or controls at least 1,000 but fewer than 100,000 CSAEM items. | N.J.S.A. 2C:24-4undefined |
| Possession/viewing/control — under 1,000 items | crime of the third degree | A person knowingly possesses, views, or controls fewer than 1,000 CSAEM items. | N.J.S.A. 2C:24-4undefined |
Common questions about endangering welfare of children in New jersey
What degree of offense is endangering welfare of children in New Jersey?
It depends on the circumstances: endangering welfare of children ranges from a crime of the third degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:24-4.
Sexual conduct impairing morals — legal duty/caregiver: crime of the second degree (N.J.S.A. 2C:24-4) · Sexual conduct impairing morals — other person: crime of the third degree (N.J.S.A. 2C:24-4) · Causing abuse/neglect harm — other person: crime of the third degree (N.J.S.A. 2C:24-4) · Causing/permitting child in prohibited sexual act or sexual portrayal: crime of the first degree (N.J.S.A. 2C:24-4) · Photographing/filming/reproducing child in prohibited act: crime of the second degree (N.J.S.A. 2C:24-4) · Distribution/possession with intent to distribute/storage on file-sharing network — 1,000+ items: crime of the first degree (N.J.S.A. 2C:24-4) · Distribution/possession with intent to distribute/storage on file-sharing network — under 1,000 items: crime of the second degree (N.J.S.A. 2C:24-4) · Possession/viewing/control — 100,000+ items: crime of the first degree (N.J.S.A. 2C:24-4) · Possession/viewing/control — 1,000 to under 100,000 items: crime of the second degree (N.J.S.A. 2C:24-4) · Possession/viewing/control — under 1,000 items: crime of the third degree (N.J.S.A. 2C:24-4)
What are the penalties for endangering welfare of children in New Jersey?
Penalties for endangering welfare of children in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers endangering welfare of children?
Endangering welfare of children is governed by N.J.S.A. 2C:24-4 (Endangering welfare of children).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.