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Vercammen's Law office represents individuals charged from criminal
and serious traffic violations throughout New Jersey. The following
is the law in New Jersey:
Criminal restraint 2C:13-2. A person commits a crime of the third
degree if he knowingly:
a. Restrains another unlawfully in circumstances exposing the other
to risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
The creation by the actor of circumstances resulting in a belief
by another that he must remain in a particular location shall for
purposes of this section be deemed to be a holding in a condition
of involuntary servitude.
In any prosecution under subsection b., it is an affirmative defense
that the person held was a child less than 18 years old and the
actor was a relative or legal guardian of such child and his sole
purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-2, eff. Sept. 1, 1979.
2C:13-3. False imprisonment A person commits a disorderly persons
offense if he knowingly restrains another unlawfully so as to interfere
substantially with his liberty. In any prosecution under this section,
it is an affirmative defense that the person restrained was a child
less than 18 years old and that the actor was a relative or legal
guardian of such child and that his sole purpose was to assume control
of such child.
L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979,
c. 178, s. 24, eff. Sept. 1, 1979.
2C:13-4 Interference with custody.
2C:13-4. Interference with custody. a. Custody of children. A person,
including a parent, guardian or other lawful custodian, is guilty
of interference with custody if he:
(1)Takes or detains a minor child with the purpose of concealing
the minor child and thereby depriving the child's other parent of
custody or parenting time with the minor child; or
(2)After being served with process or having actual knowledge of
an action affecting marriage or custody but prior to the issuance
of a temporary or final order determining custody and parenting
time rights to a minor child, takes, detains, entices or conceals
the child within or outside the State for the purpose of depriving
the child's other parent of custody or parenting time, or to evade
the jurisdiction of the courts of this State;
(3)After being served with process or having actual knowledge of
an action affecting the protective services needs of a child pursuant
to Title 9 of the Revised Statutes in an action affecting custody,
but prior to the issuance of a temporary or final order determining
custody rights of a minor child, takes, detains, entices or conceals
the child within or outside the State for the purpose of evading
the jurisdiction of the courts of this State; or
(4)After the issuance of a temporary or final order specifying
custody, joint custody rights or parenting time, takes, detains,
entices or conceals a minor child from the other parent in violation
of the custody or parenting time order.
Interference with custody is a crime of the second degree if the
child is taken, detained, enticed or concealed: (i) outside the
United States or (ii) for more than 24 hours Otherwise, interference
with custody is a crime of the third degree but the presumption
of non-imprisonment set forth in subsection e. of N.J.S. 2C:44-1
for a first offense of a crime of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime
of the fourth degree if he knowingly takes or entices any committed
person away from lawful custody when he is not privileged to do
so. "Committed person" means, in addition to anyone committed
under judicial warrant, any orphan, neglected or delinquent child,
mentally defective or insane person, or other dependent or incompetent
person entrusted to another's custody by or through a recognized
social agency or otherwise by authority of law.
c. It is an affirmative defense to a prosecution under subsection
a. of this section, which must be proved by clear and convincing
evidence, that:
(1)The actor reasonably believed that the action was necessary
to preserve the child from imminent danger to his welfare. However,
no defense shall be available pursuant to this subsection if the
actor does not, as soon as reasonably practicable but in no event
more than 24 hours after taking a child under his protection, give
notice of the child's location to the police department of the municipality
where the child resided, the office of the county prosecutor in
the county where the child resided, or the Division of Youth and
Family Services in the Department of Human Services;
(2)The actor reasonably believed that the taking or detaining of
the minor child was consented to by the other parent, or by an authorized
State agency; or
(3)The child, being at the time of the taking or concealment not
less than 14 years old, was taken away at his own volition and without
purpose to commit a criminal offense with or against the child.
d. It is an affirmative defense to a prosecution under subsection
a. of this section that a parent having the right of custody reasonably
believed he was fleeing from imminent physical danger from the other
parent, provided that the parent having custody, as soon as reasonably
practicable:
(1)Gives notice of the child's location to the police department
of the municipality where the child resided, the office of the county
prosecutor in the county where the child resided, or the Division
of Youth and Family Services in the Department of Human Services
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