State v. V.R.

The opinion of the court was delivered by

STERN, P.J.A.D.

Defendant was indicted on two counts of endangering the welfare of a child, N.J.S.A 2C:24-4b(3) (count one) and N.J.S.A. 2C:24-4a (count two).1 The trial judge presented count one as a second-degree crime because she found the State did not prove that defendant was “a parent, guardian or other person legally charged with [the victim’s] care or custody.” N.J.S.A. 2C:24-4b(3). The judge also submitted count two only as a lesser-included fourth-degree offense of possession of pornography. N.J.S.A. 2C:24-4b(5)(b). The jury was also…