Search Rutgers Law Library N.J. Court Opinions

151 /usr/local/share/www/libweb/collections/courts/appellate/a5121-18.opn.html -- rank: 571

... endangering the welfare of a child by a non-caretaker, N.J.S.A. 2C:24-4(a)(2) (count one); disorderly persons simple assault, a lesser ... charge. On appeal, defendant raises the following points: POINT I N.J.S.A. 2C:24-4(a)(2) DOES NOT APPLY TO A SIMPLE ASSAULT. POINT ... knew the conduct would make the child abused or neglected. N.J.S.A. 2C:24-4(a)(2). The judge's instruction tracked the relevant model ... the Welfare of a Child, Abuse or Neglect (Third Degree) (N.J.S.A. 2C:24-4(a)(2))' (rev. March 9, 2015). Defendant anchors the argument ... However, we have previously stated that '[t]he drafters of N.J.S.A. 2C:24-4(a) of the Criminal Justice Code expressed the intention to ... the Welfare of a Child, Abuse or Neglect (Third Degree) (N.J.S.A. 2C:24-4(a)(2))' (rev. March 9, 2015). In any event, ...

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152 STATE OF NEW JERSEY v. JOHN M. RUDY -- rank: 571

... by distribution of child pornography (twenty-five or more items), N.J.S.A. 2C:24-4(b)(5)(a)(i) (count one); second- degree endangering the ... twenty-five or more items) using a file-sharing program, N.J.S.A. 2C:24-4(b)(5)(a)(iii) (count two); and third-degree endangering ... child by possession of child pornography (100 or more items), N.J.S.A. 2C:24- - 4(b)(5)(b) (count three). At sentencing, the court merged ... I: THE FILE-SHARING CHARGE SHOULD HAVE BEEN DISMISSED BECAUSE N.J.S.A. 2C:24- 4(B)(5)(A)(III) CONTAINS AN UNCONSTITUTIONAL STRICT-LIABILITY PROVISION ... conviction of the file-sharing offense on count two under N.J.S.A. 2C:24-4(b)(5)(a)(iii). He does not appeal his conviction ... for searching or copying by one or more other computers. [N.J.S.A. 2C:24-4(b)(5)(a)(iii).] Before trial, defendant moved to ...

docket:	a0104-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-10
status:	Unpublished
citation:
Document Size:	20493

153 STATE OF NEW JERSEY v. TROY A. WHYE -- rank: 571

... d); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). Whye appeals from the January 31, 2011 judgment of ...

docket:	a3910-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-26
status:	unpublished
citation:
Document Size:	49683

154 STATE OF NEW JERSEY v. JOEL A. RODRIGUEZ -- rank: 571

... trial, of second- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1), which prohibits a person 'having a legal duty ... b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1),1 alleged to have occurred at various dates ... for the jury between two possible events – prosecutions under N.J.S.A. 2C:24-4(a) present their own difficulties about unanimity. In Frisby, 174 ... 587, the defendant was convicted of second-degree endangering under N.J.S.A. 2C:24-4(a), in connection with the death of her son. At ... which would impair or debauch the morals of the child.' N.J.S.A. 2C:24-4(a)(1) (emphasis added). 'Sexual conduct' is not defined but ...

docket:	a2357-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	32594

155 STATE OF NEW JERSEY v. DANIEL M. FURESZ -- rank: 569

... guilty to third degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). As part of his plea, defendant agreed to time ... that he could not plead guilty to a violation of N.J.S.A. 2C:24-4(a) because the State presented no evidence that the children ... the children witnessing defendant masturbating were a necessary element of N.J.S.A. 2C:24-4(a). The State maintained that the statute's mental culpability ... child is guilty of a crime of the third degree. [N.J.S.A. 2C:24-4(a)(1).] 'Because [the child endangerment statute is] silent regarding ... A. 2C:2-2c(3)2 come into play 2 ' N.J.S.A. 2C:24-4(a) . . . contains no mental culpability element. In 1981, to address ... criminal intent argument. To ensure a legally sufficient plea under N.J.S.A. 2C:24-4(a), defendant neither had to culpability element of 'knowing' ...

docket:	a1786-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-01
status:	Unpublished
citation:
Document Size:	21465

156 /usr/local/share/www/libweb/collections/courts/appellate/a1007-20.opn.html -- rank: 569

... conviction for third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(2). Defendant contends that the trial court erred by ... endangering the welfare of a child by a non-caretaker, N.J.S.A. 2C:24- 4(a)(2). On August 2, 2019, defendant appeared before Judge ... colloquy.' State v. Campfield, 213 N.J. 218, 231 (2013). N.J.S.A. 2C:24-4(a)(2) prescribes the elements of the third-degree crime ... requirement applies to the second-degree crime set forth in N.J.S.A. 2C:24- 4(a)(1). To prove a violation of the third-degree crime set forth N.J.S.A. 2C:24- 4(a)(2), the State instead needed to establish that the ... that the Court in Tate by no means held that N.J.S.A. 2C:24-4 requires a defendant's actions to meet all of ...

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court:	NJ Superior Court Law/Chancery Division
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157 STATE OF NEW JERSEY v. STEVEN M. TOTH -- rank: 569

... a child "by keeping loaded weapons unsecured in the [home,]" N.J.S.A. 2C:24-4(a) (count seven). After his pretrial motions were denied, defendant ...

docket:	a0896-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	34563

158 STATE OF NEW JERSEY v. D.K -- rank: 566

... argues in A-3688-06T2: BECAUSE THE CHILD-ENDANGERMENT STATUTE, N.J.S.A. 2C:24-4, DOES NOT PROVIDE SUFFICIENT WARNING THAT THE ACTS DEFENDANT PERFORMED ... 1985)). The indictment charged defendant with violating three provisions of N.J.S.A. 2C:24-4. They are, in pertinent part: a. Any person . . . who engages ... guilty of a crime of the second degree. . . . [Count Two] [ N.J.S.A. 2C:24-4.] Thus, nudity, "if depicted for the purpose of sexual stimulation ... unconstitutional because defendant miscalculated the definition of "nudity" set by N.J.S.A. 2C:24-4. We conclude that any reasonable person would know that causing ...

docket:	a5182-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-15
status:	Published
citation:
Document Size:	53774

159 STATE OF NEW JERSEY v. LEE M. TRAVERS -- rank: 566

... his daughter: second-degree endangering the welfare of his child, N.J.S.A. 2C:24-4(a)(2) (Count Six), and third-degree terroristic threats, N ... acquitted of second-degree endangering the welfare of his son, N.J.S.A. 2C:24-4(a)(2) (Count Eight). The jury heard evidence that, in ...

docket:	a3277-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-02
status:	Unpublished
citation:
Document Size:	40608

160 STATE OF NEW JERSEY v. D.K -- rank: 566

... argues in A-3688-06T2: BECAUSE THE CHILD-ENDANGERMENT STATUTE, N.J.S.A. 2C:24-4, DOES NOT PROVIDE SUFFICIENT WARNING THAT THE ACTS DEFENDANT PERFORMED ... 1985)). The indictment charged defendant with violating three provisions of N.J.S.A. 2C:24-4. They are, in pertinent part: a. Any person . . . who engages ... guilty of a crime of the second degree. . . . [Count Two] [ N.J.S.A. 2C:24-4.] Thus, nudity, "if depicted for the purpose of sexual stimulation ... unconstitutional because defendant miscalculated the definition of "nudity" set by N.J.S.A. 2C:24-4. We conclude that any reasonable person would know that causing ...

docket:	a3688-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-15
status:	Published
citation:	196 N.J. 601 960 A.2d 396
Document Size:	53923

161 State v. Laura Gonzalez -- rank: 566

... defendant with second- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(2), and second- degree aggravated assault, N.J.S ...

docket:	a-47-20
court:	NJ Supreme Court
decided:	2022-02-08
status:
citation:
Document Size:	71922

162 STATE OF NEW JERSEY v. D.D. -- rank: 566

... He was also convicted of three counts of child endangerment, N.J.S.A. 2C:24-4(a). After appropriate mergers, defendant was sentenced to an aggregate ...

docket:	a1682-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-27
status:	unpublished
citation:
Document Size:	112064

163 STATE OF NEW JERSEY v. D.A.-A -- rank: 566

... two); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4 (count three). We affirm. The victim of these offenses was ... 2b (count two); and endangering the welfare of a child, N.J.S.A. 2C:24-4 (count three). He was sentenced on count one to a ... for which defendant was convicted: first-degree aggravated sexual assault, N.J.S.A. 2C:24-4, contain discrete elements that define separate crimes. In Miller , supra ...

docket:	a0035-07
court:	superior court appellate division
decided:	2010-08-20
status:	unpublished
citation:
Document Size:	183642

164 State v. William A. Case, Jr. -- rank: 564

... a child, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:24-4; and one count of fourth-degree attempted criminal sexual contact ...

docket:	A-45-13
court:	NJ Supreme Court
decided:	2014-12-07
status:
citation:	220 N.J. 49 103 A.3d 237
Document Size:	93991

165 STATE OF NEW JERSEY v. C.E.L. -- rank: 564

... count four); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count five); third-degree hindering prosecution by preventing or ... welfare of a child by possessing or viewing child pornography, N.J.S.A. 2C:24-4(b)(5)(b) (count seven); and fourth-degree tampering with ...

docket:	a5783-13
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	142423