N.J. Admin. Code § 3A:18-1.5 - Affirmative defense to prosecution
(a) Pursuant to
N.J.S.A. 30:4C-15
.7.e, it
shall be an affirmative defense to a charge of infant abandonment if a parent, or a
person acting on behalf of the parent, voluntarily brings a live infant, to, and
leaves the infant with, an officer at a police station, a firefighter at a fire
department, or an emergency medical responder at an ambulance, or an employee of a
hospital emergency department, without expressing an intent to return for the
infant.
(b) Nothing in this section
shall be construed to create a defense to any prosecution arising from an act of
abuse or neglect committed against the infant before he or she was brought to and
left at a police station, fire department, ambulance, or hospital emergency
department.
(c) Nothing in this section
shall preclude the Division of Child Protection and Permanency or the police from
conducting a child protection investigation, if the Division or the police have
reason to believe that the infant was abused or neglected.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.