Being wrongly accused of committing child abuse is a very painful experience; a person’s spirit could easily be overcome by such an adversity. One day, your life feels normal, the next you suddenly feel like a prisoner in your day-to-day life, all because of the wrongful allegations of another. People who know you may start to avoid you.  Child abuse charges bring about severe ramifications.  As a suspect in an abuse case, your child or children could be removed from your care, you could lose custody or visitation rights, become arrested and jailed, have your name and reputation marred, get fired from your job, and even lose your future career prospects. If the case involves a sexual abuse allegation, you can have charges filed against you, and may eventually have your name added to a national registry of sexual predators and be labeled as a child sex offender.

New Jersey Child Abuse Lawyer

Though extremely difficult, these allegations must be faced, for there is much at stake.  The law office of Rafael Gomez will come through with fierce determination to win your case and help you restore your good name. Your personal freedom, the life of your family, and ultimately your future, are all in serious risk. It is essential that you hire the best legal counsel available to help you fight these allegations so that you do not end up being convicted of this offense.

The law offices of Rafael Gomez can provide the strength of direction you need when facing charges of child abuse in Bergen, Hudson, Passaic or Essex County. With many years of experience (Mr. Gomez has been licensed to practice law in New Jersey since 1992), criminal defense lawyer Rafael Gomez and his highly capable staff will work closely with you to devise an effective strategy in an effort to produce the positive outcome you deserve.  We will utilize our every strength and resource to defend your rights and overcome your child abuse charges. Mr. Gomez has successfully defended child endangerment charges in the past and has been able to have some cases dismissed.

2C:24-4. 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.