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Bill > A6261
NJ A6261
NJ A6261Clarifies crime of interference with child custody; establishes graduated penalties for violations.
summary
Introduced
12/11/2025
12/11/2025
In Committee
12/11/2025
12/11/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill clarifies the conduct which constitutes interference with child custody under N.J.S.A.2C:13-4, and establishes graduated criminal penalties for the crime. Currently, under N.J.S.A.2C:13-4a.(1), a person commits custodial interference if the person takes or detains a minor child thereby depriving the child's other parent of custody or parenting time with the minor child. Under the bill, the crime is also committed if a person entices a minor child with the purpose of concealing the child. Notably, other specific forms of child custody interference, such as interference during the pendency of a proceeding to determine custody and parenting time rights, or a proceeding to determine the protective services needs of the child, presently include enticing a child. The existing statute currently provides that interference with child custody is a crime of the second degree if the child is taken, detained, enticed or concealed outside the United States or for more than 24 hours. Otherwise, interference with child custody is a crime of the third degree. The bill establishes a graduated scheme of penalties for child custody interference. Under the bill, interference with child custody becomes a crime of the third degree if the child is taken, detained, enticed, or concealed: (i) outside of this State, or (ii) for more than 24 hours without court authorization. Otherwise interference with child custody is a disorderly persons offense for a first or second offense, and is punishable by a mandatory fine of $500. For a third or subsequent offense interference with child custody is a crime of the third degree but the presumption of non-imprisonment ordinarily applicable shall not apply. It is the sponsor's view that the existing statute fails to provide meaningful consequences for first-time or repeat violators of child custody and visitation orders which, in turn, causes progressive harm to the parent-child relationship. The sponsor further believes that a system of tracking violations will more effectively identify repeat offenders.
AI Summary
This bill clarifies and modifies New Jersey's law on interference with child custody by expanding the definition of the crime and establishing a graduated penalty system. Under the revised statute, interference with child custody now explicitly includes enticing a minor child with the purpose of concealing them, in addition to taking or detaining a child. The bill creates a tiered approach to penalties: if a child is taken, detained, enticed, or concealed outside the state or for more than 24 hours, it becomes a third-degree crime; for the first or second offense, it is a disorderly persons offense with a mandatory $500 fine; and for a third or subsequent offense, it becomes a third-degree crime where the usual presumption against imprisonment does not apply. The legislation aims to provide more meaningful consequences for violations of custody and visitation orders, with the goal of protecting parent-child relationships and creating a system that can more effectively track repeat offenders. The bill also maintains existing affirmative defenses, such as believing the child was in imminent danger or acting with the consent of the other parent.
Committee Categories
Justice
Sponsors (3)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 12/11/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A6261 |
| BillText | https://pub.njleg.gov/Bills/2024/A6500/6261_I1.HTM |
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