New Jersey

 
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The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

SOL vs. perp, employer: (discovery + 2 years)

Majority Tolling: √ – Age 18 Discovery Tolling: √ – Liberal

SOL: + 2 years form liberal discovery, all claims.

  1. N.J. Stat. § 2A:61B-1(b) (“In any civil action for injury or illness based on sexual abuse, the cause of action shall accrue at the time of reasonable discovery of the injury and its causal relationship to the act of sexual abuse. Any such action shall be brought within two years after reasonable discovery.”)

TOLLING:

  1. Majority, yes, 18.

a. N.J. Stat. Ann. §§ 2A:61B-1(a)(1)

b. N.J. Stat. Ann. § 9:17B-3 (majority at 18)

  1. Discovery, yes, liberal.

a. N.J. Stat. § 2A:61B-1(b) (“In any civil action for injury or illness based on sexual abuse, the cause of action shall accrue at the time of reasonable discovery of the injury and its causal relationship to the act of sexual abuse”)

b. J.L. v. J.F., 317 N.J. Super. 418, 431-34, 722 A.2d 558 (N.J. App. Div. 1999) (finding that under “reasonable discovery” accrual standard in N. J. Stat. Ann. § 2A:61B-1(b), plaintiffs could have conscious memory of sexual abuse, but might not have reasonably discovered that serious psychological and mental illness injury they suffered from was caused by that sexual abuse)

Current Criminal SOL in a nutshell

None for sexual assault or aggravated sexual assault. Age 23 or (discovery + 2 years) for aggravated criminal sexual conduct, criminal sexual conduct and endangering welfare of children.

None for sexual assault or aggravated sexual assault. N.J. Stat. § 2C:1-6(a)(1). The later of +5 years from majority or +2 years from victim’s discovery of offense for aggravated criminal sexual conduct, criminal sexual conduct and endangering welfare of children. N.J. Stat. § 2C:1-6 (4).

N.J. Stat. § 2C:1-6(a)(1) (“A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.”)

N.J. Stat. § 2C:1-6 (4) (“A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim’s attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;”)

N.J. Stat. § 2C:1-62007 N.J. ALS 131 | 2007 N.J. Laws 131 | 2007 N.J. Ch. 131 | 2006 N.J. S.N. 1712

NJ Stat. § 2C:14-2. Sexual assault [Effective July 1, 2014]

N.J. Stat. § 2C:14-2 (a). An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances: (1) The victim is less than 13 years old; (2) The victim is at least 13 but less than 16 years old; and (a) The actor is related to the victim by blood or affinity to the third degree, or (b) The actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or (c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

N.J. Stat. § 2C:14-2(b). An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

N.J. Stat. § 2C:14-2(c). An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances: (1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury; (2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status; (3) The victim is at least 16 but less than 18 years old and: (a) The actor is related to the victim by blood or affinity to the third degree; or (b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or (c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household; (4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

N.J. Stat. § 2C:14-3. Aggravated criminal sexual contact; criminal sexual contact

N.J. Stat. § 2C:24-4 Endangering welfare of children

Age of Majority: 18. See, N.J. Stat. Ann. § 9:17B-3.
Age of Consent: 16. See, N.J. Stat. Ann. § 2C:14-2.

Age of Marriage with Parental Consent: 16 (under 16 with judicial consent).
Age of Marriage without Parental Consent: 18.
See, N.J. Stat. Ann. § 37:1-6.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

[N]o child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.

New Jersey Revised Statutes §9:6-8.21(1)(c)

The article to which this act is a supplement shall not be construed to deny the right of a parent, guardian or person having the care, custody and control of any child to treat or provide treatment for an ill child in accordance with the religious tenets of any church as authorized by other statutes of this State; provided, that the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated.

New Jersey Revised Statutes §9:6-1.1

CRIMINAL MEDICAL NEGLECT STATUTE

NEW JERSEY defense to child endangerment

Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child. . . 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.

New Jersey Statutes §2C:24-4

Note: C.9:6-8.21 is a religious exemption to child abuse and neglect.


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2017