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

N.J. Admin. Code § 3A:18-1.5

Administrative Change, 49 N.J.R. 98a. Amended by 50 N.J.R. 133(b), effective 1/2/2018