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Endangering Welfare of Children.
2C:24-4
Endangering welfare of children.
 a.Any
person having a legal duty for the care of a child or who has assumed
responsibility for the care of a child who engages in sexual conduct
which would impair or debauch the morals of the child, or who causes
the child harm that would make the child an abused or neglected child
as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1
(C.9:6-8.21) is guilty of a crime of the second degree. Any other
person who engages in conduct or who causes harm as described in this
subsection to a child under the age of 16 is guilty of a crime of the
third degree.
b. (1) As used in this subsection:
"Child" means any person under
16 years of age.
"Internet" means the
international computer network of both federal and non-federal
interoperable packet switched data networks.
"Prohibited sexual act" means
(a)Sexual
intercourse; or
(b)Anal
intercourse; or
(c)Masturbation;
or
(d)Bestiality;
or
(e)Sadism;
or
(f)Masochism;
or
(g)Fellatio;
or
(h)Cunnilingus;
(i)Nudity,
if depicted for the purpose of sexual stimulation or gratification of
any person who may view such depiction; or
(j)Any act
of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.
"Reproduction" means, but is
not limited to, computer generated images.
(2)(Deleted
by amendment, P.L.2001, c.291).
(3)A
person commits a crime of the second degree if he causes or permits a
child to engage in a prohibited sexual act or in the simulation of
such an act if the person knows, has reason to know or intends that
the prohibited act may be photographed, filmed, reproduced, or
reconstructed in any manner, including on the Internet, or may be part
of an exhibition or performance. If the person is a parent,
guardian or other person legally charged with the care or custody of
the child, the person shall be guilty of a crime of the first degree.
(4)Any
person who photographs or films a child in a prohibited sexual act or
in the simulation of such an act or who uses any device, including a
computer, to reproduce or reconstruct the image of a child in a
prohibited sexual act or in the simulation of such an act is guilty of
a crime of the second degree.
(5) (a) Any person who knowingly
receives for the purpose of selling or who knowingly sells, procures,
manufactures, gives, provides, lends, trades, mails, delivers,
transfers, publishes, distributes, circulates, disseminates, presents,
exhibits, advertises, offers or agrees to offer, through any means,
including the Internet, any photograph, film, videotape, computer
program or file, video game or any other reproduction or
reconstruction which depicts a child engaging in a prohibited sexual
act or in the simulation of such an act, is guilty of a crime of the
second degree.
(b)Any
person who knowingly possesses or knowingly views any photograph,
film, videotape, computer program or file, video game or any other
reproduction or reconstruction which depicts a child engaging in a
prohibited sexual act or in the simulation of such an act, including
on the Internet, is guilty of a crime of the fourth degree.
(6)For
purposes of this subsection, a person who is depicted as or presents
the appearance of being under the age of 16 in any photograph, film,
videotape, computer program or file, video game or any other
reproduction or reconstruction shall be rebuttably presumed to be
under the age of 16. If the child who is depicted as engaging
in, or who is caused to engage in, a prohibited sexual act or
simulation of a prohibited sexual act is under the age of 16, the
actor shall be strictly liable and it shall not be a defense that the
actor did not know that the child was under the age of 16, nor shall
it be a defense that the actor believed that the child was 16 years of
age or older, even if such a mistaken belief was reasonable.
Amended 1979, c.178, s.46; 1983, c.494;
1992, c.2; 1992, c.6; 1995, c.109; 1998, c.126; 2001, c.291.
 Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
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