New Jersey Statutes

N.J. Stat. § 9:6-3 (2026)

Cruelty and neglect of children; crime of fourth degree; remedies

✓ current as of May 2026

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9:6-3. Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. If a fine be imposed, the court may direct the same to be paid in whole or in part to the parent, or to the guardian, custodian or trustee of such minor child or children; provided, however, that whenever in the judgment of the court it shall appear to the best interest of the child to place it in the temporary care or custody of a society or corporation, organized or incorporated under the laws of this State, having as one of its objects the prevention of cruelty to children, and the society or corporation is willing to assume such custody and control, the court may postpone sentence and place the child in the custody of such society or corporation, and may place defendant on probation, either with the county probation officers or an officer of the society or corporation to which the child is ordered, and may order the parent, guardian or person having the custody and control of such child to pay to such society or corporation a certain stated sum for the maintenance of such child. When, however, a child is so placed in the custody of such society or corporation, and defendant fails to make the payments as ordered by the court, the court shall cause the arrest and arraignment before it of such defendant, and shall impose upon the defendant the penalty provided in this section.

Amended 1944,c.196,s.1; 1990,c.26,s.5.

Notes of Decisions

Cited in 53 cases (21 in the last 5 years), 1993–2026 · leading case: State v. Fuqua, 192 A.3d 961 (N.J. 2018).

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State v. Fuqua, 192 A.3d 961 (N.J. 2018). · cites it 4× “N.J.S.A. 9:6-3 delineates, in relevant part, that **592 [a]ny parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child , or any person who shall abuse, be cruel to or neglectful of any child…”

United States v. Carolyn Jackson, 862 F.3d 365 (3rd Cir. 2017). · cites it 4× “Furthermore, it appears that the same conduct may be prosecuted under § 2C:24-4a as a crime of the second degree (which happened here) or as a fourth degree crime under N.J. Stat. Ann. § 9:6-3 . See, e.g., State v.”

State of New Jersey v. Lee E. Moorer (13-09-0514, Salem Cnty. & Statewide), 151 A.3d 109 (N.J. Super. Ct. App. Div. 2016). · cites it 4× “There, we held N.J.S.A. 9:6-3 was not a lesser-included offense of N.”

State v. Galloway, 628 A.2d 735 (N.J. 1993). “9:6-1 and N.J.S.A. 9:6-3. Therefore, on remand, with respect to child endangerment, the State may seek conviction only of fourth-degree endangerment.”

Dcpp Vs. P.O. & M.c.d., in the Matter of the Guardianship of M.d.c.-o. & J.e.c.-o. (fg-15-0017-13, Ocean Cnty. & Statewide) (record Impounded)(Consol.), 194 A.3d 1003 (N.J. Super. Ct. App. Div. 2018). “Martin pled guilty to two counts of cruelty and neglect of children under N.J.S.A. 9:6-3 in December 2012. Paula's charges were downgraded to disorderly conduct; she pled guilty in May 2013, and was sentenced to time served.”

State of New Jersey Vs. Rosa M. Calle (17-01-0290, Essex Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). · cites it 7× “Calle appeals from her conviction of fourth-degree cruelty and neglect of a child in violation of N.J.S.A. 9:6-3, and the subsequent sentence.”

State of New Jersey Vs. M.m.-p. (12-10-0648, Salem Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2018). · cites it 2× “1 appeals from her April 25, 2013 conviction for fourth-degree child neglect, N.J.S.A. 9:6-3,2 after a remand from our Supreme Court for reconsideration of the denial of her pre-trial intervention (PTI) application.”

State of New Jersey Vs. David L. Morris (08-12-0482, Warren Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). · cites it 2× “2C:24-4(a) (counts nineteen, twenty-two and thirty-four), three counts of child cruelty, N.J.S.A. 9:6-3 (counts eighteen, twenty-one and thirty-three) and six other counts that he has not challenged on appeal.”

State v. Raquel Ramirez State v. Jorge Orozco (083902) (Union Cnty. & Statewide) (N.J. 2021). · cites it 2× “See N.J.S.A. 9:6-3 (abuse or neglect); N.J.S.”

State of New Jersey v. Miguel L. Camara (18-11-1451, Monmouth Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022). · cites it 2× “9:6-1, which also are incorporated in N.J.S.A. 9:6-3." Ibid.; see also Model Jury Charge (Criminal), "Endangering the Welfare 4 N.”

State of New Jersey v. A.H.F. (19-02-0147, Union Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022). · cites it 2× “] A-1007-20 9 N.J.S.A. 9:6-3 provides, Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be…”

Rafael Diaz-rodriguez v. Merrick Garland (9th Cir. 2022). · cites it 2× “§ 609-378 (a) (Minnesota); N.J. Stat. Ann. § 9:6-3 (New Jersey); Okla.”

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