State v. N.I.

The opinion of the court was delivered by

WEISSBARD, J.A.D.

In this criminal appeal we must determine the meaning of the words “willfully forsaking,” found in part of the definition of *303abandonment in N.J.S.A. 9:6-1 which is, in turn, incorporated into second degree endangering welfare of children, N.J.S.A. 2C:24-4. We conclude that the statute requires an intent to permanently abandon the child. Because the trial judge did not define the critical term for the jury, we reverse defendant’s endangering conviction. We do, however, affirm his conviction for third-degree theft.

Defendant, N.I.,…