July 16, 2007

State v. Daniel C. McAllister

07-13-07 A-4604-04T4

A conviction for the elevated first degree offense of
endangering the welfare of a child by the production of
pornography proscribed by N.J.S.A. 2C:24-4b(3), which requires
the State to show that the defendant was a "parent, guardian or
other person legally charged with the care or custody of the
child," cannot be based solely on evidence that the defendant
was a live-in boyfriend of the victim's mother who had a de
facto parental relationship with the victim. Only a person who
has been assigned responsibility for a child's care or custody
by a court or public agency may be found to be "legally charged"
with the child's care or custody.

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