Credit: New Africa / Shutterstock Lawyers Must Report Child Abuse
Lawyers must comply with the statutory mandate like everyone else, and lawyers may do so without violating their professional duties of maintaining confidences related to the representation of a client.
October 14, 2021 at 12:00 PM
7 minute read
Criminal Law
Many lawyers believe that only doctors, psychologists, teachers, social workers and other professionals who work with children have a duty to report child abuse. In New Jersey, however, "[a]ny person who knowingly fails to report an act of sexual abuse against a child and who has reasonable cause to believe that an act of sexual abuse has been committed is guilty of a crime of the fourth degree." N.J.S.A. 9:6-8.14(b) (emphasis added). Attorneys representing clients and attorney mediators are not exempted from these criminal statutes. Fourth-degree crimes carry a penalty of up to 18 months in prison. N.J.S.A. 2C:43-6(a)4. For other forms of child abuse, the failure to report is a disorderly persons offense, N.J.S.A. 9:6-8.14(a), carrying up to six months in jail, N.J.S.A. 2C:43-8.
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