New Jersey Statutes 2C:44-6.3. Report of persons convicted of certain crimes residing with minor children
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the second degree | between 5 and 10 years | up to $150,000 |
Terms Used In New Jersey Statutes 2C:44-6.3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) the victim of the crime was either a person under the age of 18 at the time of the commission of the crime, or a person defined in paragraph (9) of subsection b. of this section; and
(2) the person convicted of the crime resides in a household with other minor children or is a parent of a minor child,
the court, based on an interview with the defendant, shall make a referral to the Division of Child Protection and Permanency in the Department of Children and Families and provide the division with the name and address of the person convicted of the crime, information on the person’s criminal history, and the name and address of each child referred to in paragraph (2) of this subsection.
b. For purposes of this section, “crime” includes any of the following:
(1) murder pursuant to N.J.S. 2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(2) simple assault or aggravated assault pursuant to N.J.S.2C:12-1;
(3) stalking pursuant to P.L.1992, c.209 (C. 2C:12-10);
(4) terrorist threats pursuant to N.J.S.2C:12-3;
(5) kidnapping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S. 2C:13-1 through 2C:13-6;
(6) sexual assault, criminal sexual contact, or lewdness pursuant to N.J.S. 2C:14-2 through N.J.S.2C:14-4;
(7) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2;
(8) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4; or child abuse, neglect, or abandonment pursuant to R.S.9:6-3;
(9) endangering the welfare of an incompetent person pursuant to N.J.S. 2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.2C:24-8;
(10) domestic violence pursuant to P.L.1991, c.261 (C. 2C:25-17 et seq.); or
(11) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (10) of this subsection.
L.2003, c.301, s.3; amended 2006, c.47, s.29; 2012, c.16, s.11.