Our office is open and staffed and we are performing free consultations virtually or by phone. Child Abuse in New Jersey (9:6-1) In New Jersey, child abuse is an indictable crime of the fourth degree. Please feel According to Michigan Penal Code 750.136b (7), this statute applies whenever a defendant's omission or reckless act causes physical harm to a child. With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them. Another example is leaving a child unsupervised. The only requirement is that the conduct indicates recklessness or unreasonable risk of harm to a minor. Lets examine the states child endangerment law and how it applies to parents and legal guardians who have been accused of child abuse or neglect in New Jersey. The New Jersey Criminal Defense Lawyers at The Tormey Law Firm handle a broad range of child abuse and endangering the welfare of child cases in courts throughout New Jersey on a regular basis. Appeals Court Orders Re-Sentencing for Rockaway NJ Couple Convicted of Child Abuse, Tormey Law Firm Gets Child Endangerment Charges Dismissed in Morristown, NJ, Parsippany NJ Man Accused of Threatening Kids at Motel, New Jersey DWI and Criminal Defense Attorney. Department of Children and Families P.O. These acts include engaging in sexual conduct that would impair or debauch the morals of the child. It can also have serious legal consequences including jail time and criminal fines for the abuser, and it can lead to having the parents custody and parental rights stripped away. Is Possession of CDS a Felony in New Jersey? Very serious criminal charges such as murder in the first degree can carry longer penalties. 4 Punishment when the minor is at risk of death . He answered every question I had for him with fluency of the law and expediency. Posted on Nov 1, 2012. (b)A person commits a crime of the third degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, an item depicting the sexual exploitation or abuse of a child. If you have been arrested, please do not hesitate to call us. This statute covers the terms abuse, cruelty, and neglect, giving each one a definition. 9:6-3. NJ Child Endangerment Laws New Jersey Statute NJSA 2C:24-4 defines endangering the welfare of a child. The criminal child abuse statute further establishes that abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control. Fourth Degree Endangering the Welfare of a Child: punishable by a period of up to 18 months in New Jersey State Prison Third Degree Endangering the Welfare of a Child: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison However, the simple act of nudity is unlikely to secure a guilty verdict. Charged With a Gun Crime in New Jersey? For purposes of this subparagraph, the term "possess" includes receiving, viewing, or having under one's control, through any means, including the Internet. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Jersey Revised Statutes, TITLE 9 - CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS. First, there must be proof that the defendant was in a caretaking position and second, there was a criminal act. 2C:39-3a, Possession Of Marijuana Attorney For Marijuana Possession 2C:35-10, Possession of Marijuana Charges Dismissed in the Paramus Municipal Court, Possession of Pellet Gun, Knife Result in No Criminal Record in Linden NJ, Possession of Weapons for Unlawful Purposes Charge NJ 2C:39-4, Prescription Drug Charges 2C:35-10.5 in New Jersey, Reasonable Suspicion Defense for NJ DUI Charges, Receiving Stolen Property and Possession of Burglary Tools Dismissed Hackensack Municipal Court, Receiving Stolen Property in New Jersey N.J.S.A. (a) "Child" means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4. An experienced defense attorney who has handled child welfare cases like yours is available to provide you with a free consultation. Felonies are graded on a scale from first (most serious) to fourth (least serious) in New Jersey. Lastly, these charges are deemed ineligible for expungement. If convicted, a person is faces 5 to 10 years in prison and a maximum fine of $150,000. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); OurNew Jersey DCPP defense attorneys represent clients involved withchild protection proceedings in Bergen, Essex, Morris, Passaic, Hudson, Middlesex, Somerset, Camden, Warren, Hunterdon, Monmouth, Ocean, Burlington, Sussex, Mercer, and across New Jersey. Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for However, an individual who only assumed temporary, brief or occasional caretaking functions will probably not be fit into the statutory definition. (via Twitter/Goodreads) Hahn, 26, was an English teacher at Ewing High School when she was accused in June 2018 with . Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited as a teacher, school nurse, school counselor, school official or administrator, or any person . 2C:33-15, Disorderly Persons Vs. Municipal Ordinances, Divorce Attorney In NJ Find an Attorney For Divorce In NJ. b. New Mexico 30-6-1. . For instance, if an angry and vengeful ex-spouse calls the police and reports that her ex-husband is bathing with their 3-year old daughter. 9:6-3. The crime of fourth degree child abuse is the only child abuse offense that has no requirement that the act is intentionally directed at the child. "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks. Two years after, in 2005, it inspired a mini-series consisting of three episodes: "Obsession," "Greed" and "Revenge." He was patient, very communicative, friendly and perseverant. Nor shall the State be required to prove that the defendant was aware that the item depicting the sexual exploitation or abuse of a child was available for searching or copying to one or more other computers, and the defendant shall be strictly liable for failing to designate the item as not available for searching or copying by one or more other computers. 2C:24-4. The Law Offices of John J. Zarych can be reached at (609) 616-4956 to schedule a free legal consultation. Fourth-degree, six to 18 months. What Makes The Best NJ Criminal Defense Attorneys? New Jersey Punishments for Child Endangerment Here are some things our It provides for two general ways a person can be charged with this offense. 2C:39-7 Certain Persons Not to Have Weapons, New Jersey Arson Charges N.J.S.A. 4th degree child abuse charges NJ The Division of Child Protection and Permanency ("DCP&P"), formerly known as the Division of Youth and Family Services ("DYFS") is not the only agency in New Jersey that may investigate allegations of child abuse or neglect. However, there are many other circumstances where the end result is not very clear. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third degree. (a) A person commits sexual assault in the fourth degree if the person: (1) Being twenty (20) years of age or older: (A) Engages in sexual intercourse or deviate sexual activity with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (B) Engages in sexual contact with another person who is: This crime can apply to people who have care, custody or control of a child or to anyone else who happens to commit these acts against a child. Charge Code: 00441 Charge Description: WANTON ENDANGERMENT-2ND DEGREE; Charge Code: 02304 Charge Description: ALCOHOL . 2C:17-1, New Jersey Carjacking Charges N.J.S.A. Under our law, it is very difficult to determine if the parent would be found guilty. Neglect also means the continued inappropriate placement of a child in an institution, as defined in N.J.S.A. For example, if a parent is beating their child with a belt and leaving welts across their back, such conduct is undeniably criminal and violates the statute. In that case, Pozzi was accused of hitting a 2-month . If you are facing charges for endangerment, get in touch with an experienced criminal defense attorney for defense in Morris County areas such as Morristown, Denville, Dover, Parsippany, Madison, Rockaway, Roxbury, and Mount Olive. 2C:24-4. He pleaded guilty in May 2019 to fourth-degree criminal sexual contact and was sentenced to five years of probation. At the Tormey Law Firm, we pride ourselves on developing compassionate and dynamic relationships with our clients. A conviction for a first degree offense can be punishable by 10-20 years in prison and up to $200k in fines. If a person has a legal duty to care for a child and causes harm to the child by abusing or neglecting the child, that person may also be charged with a second degree indictable offense carrying the same penalties penalties described above. (2)(Deleted by amendment, P.L.2001, c.291). Since it is always an indictable criminal offense, a conviction carries state prison time and will be handled in the Superior Court by the County Prosecutors Office. On top of that, these second degree felony charges are considered outside of the realm of Pre-Trial Intervention as a possible resolution to avoid prison and a conviction on your criminal record. What are the penalties for third degree eluding charges in NJ? This field is for validation purposes and should be left unchanged. This can include violent or sexually violent crimes, such as the following: If these crimes are committed against a child over 18 who still lives in your household, they could be considered domestic violence crimes. Second offenses are considered felonies, and are punishable by fines of up to $5,000. What is a Petty Disorderly Persons Offense? If the judge disregards the presumption and/or the individual has a prior record such that the . The maximum fine is $15,000. A third degree offense is also a serious charge which may carry up to a five year term of imprisonment, sex offender registration, and other fines and penalties. FOURTH DEGREE CHILD ABUSE PENALTIES Child endangerment charges can be broken down into two categories: sexual and non-sexual child endangerment. Finally, the criminal child abuse statute enumerates that neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child: (a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the childs physical or moral well-being. amended 1979, c.178, s.46; 1983, c.494; 1992, c.2; 1992, c.6; 1995, c.109; 1998, c.126; 2001, c.291; 2013, c.51, s.13; 2013, c.136, s.1. Under Michigan law, first offense OWI Child Endangerment is a misdemeanor punishable by up to one year in jail and fines up to $1,000. You're all set! Disclaimer: These codes may not be the most recent version. Under New Jersey Code Title 9, specifically statute N.J.S.A. Sec. (3)A person commits a crime of the first degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. MARIAH HOFFA was booked on 2/28/2023 in Boyle County, Kentucky. For the purposes of this subparagraph, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to paragraph (3), (4) or (5) of this subsection, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to paragraph (3), (4) or (5) of this subsection. Avvo Rating: 10. Penalties under 273a PC. Prison: Third degree charges could see you sentenced to up to . (4)A person commits a crime of the second degree if he photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act. First, there must be proof that the defendant was in a caretaking position and second, there was a criminal act. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 18, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 18, nor shall it be a defense that the actor believed that the child was 18 years of age or older, even if such a mistaken belief was reasonable. Endangering the Welfare of a Child by Abuse or Neglect in New Jersey, Child abuse is unquestionably a concern for the criminal court and any person found guilty of such an offense will be facing very serious consequences. Note that this particular section of the New Jersey Code falls outside of the realm of the typical criminal statutes. Penal 130.70, see also second, third, and fourth-degree aggravated sexual abuse, 130.67, 130.66, and 130.65-a). Are there DWI work or Temporary Licenses in NJ? The second major element of the offense is whether the defendant engaged in sexual conduct that would impair or debauch the morals of a child. In order to obtain a conviction for endangering the welfare of a child, New Jersey prosecutors must establish several crucial elements. Like the first section of the statute, there are two major elements that must be proven by the State. If any other person, meaning a person who does not have a legal duty to care for a child, engages in the above-described conduct with a child, they are guilty of a third degree indictable offense. Legal duty of care can be established if the defendant is the minors natural parent, adoptive parent, foster parent, or stepparent. As your criminal lawyers, we would have to work out a plea deal with the prosecutor to get your felony charges downgraded. It can also help perpetuate the cycle of violence, potentially leading them to become criminals or abusers as they grow up. The sentencing exposure on second degree Endangering the Welfare of a Child is five to ten years in New Jersey State Prison and on fourth degree Child Abuse and Neglect it is up to eighteen months in New Jersey State Prison. I had some difficulty getting this clear. If the child is 16-years old and is left home alone for a few hours, that should not be prosecuted. A conviction under either of these scenarios results in a felony criminal record. N.J.S.A. DYFS does not make determinations of 4th degree child abuse. Message. If an individual has no prior criminal record, this is a presumption of non-incarceration. We have the knowledge and experience to address every facet of your case, from criminal prosecution to a possible DYFS investigation. Parental rights. Willowbrook Mall Shoplifting Charges Dismissed in Wayne NJ, Wood Ridge Marijuana Charges Result in No Criminal Record or Drivers License Suspension, Woodland Park NJ Shoplifting Charges Result in No Criminal Record, Xanax Charges Possession and Distribution in NJ, What is DWI Fighting DWI Penalties New Jersey, Fighting the 20 Minute Observation Period, Ways to Beat a DUI Charge DWI Checkpoints, How to Fight a Shoplifting Charge: Part 4, Beat Refusal to Submit to a Breath Test Charges in NJ, How to Restore Your Drivers License After NJ DWI. Abuse: Examples of abuse are using excessive physical restraint on a child or isolating a child to deprive them of ordinary social contact. Deadly Women is an American true-life crime documentary-style television series that first aired in 2005 on the Discovery Channel, focusing on female killers.It was originally based on a 52- minute-long TV documentary film called "Poisonous Women," which was released in 2003. Jersey. But prosecutors dropped those charges and accepted his guilty plea in July to a lesser fourth-degree chare of child abuse. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. For a free consultation about your fourth degree criminal charges in South Brunswick, simply contact us at (732) 659-9600 today. The vast majority of parents and guardians in the state find this type of conduct to be beyond comprehension, including those who face false accusations. a. The vast majority of first-time offenders with 3rd or 4th-degree felonies will be eligible for PTI. In New Jersey, the term "sex crimes" refers to any criminal charge involving sexual activity such as rape, child sexual abuse, prostitution, molestation, indecent exposure, and lewdness. Are there ways to fight eluding police charges in New Jersey? The term also includes an agreement or attempt to distribute. | Recently Booked | Arrest Mugshot | Jail Booking . The Tormey Law Firm in Morristown, New Jersey is a criminal and DWI defense team composed of former prosecutors and experienced criminal defense attorneys including former Morris County Prosecutors, former Morris County Municipal Prosecutors, an attorney who is certified on the Alcotest 7110 breath testing device, an attorney who is a certified field sobriety test instructor for DWI cases, a former domestic violence prosecutor, a former child abuse prosecutor, and experienced criminal defense lawyers who have literally handled thousands of criminal cases in Morris County NJ over the last 10 years. There are Several Federal Laws that Address Child Abuse and Provide Protection for Children in the United States The Child Abuse Prevention and Treatment How can Administrative Findings in a DYFS Case Affect Other Family Law Issues in NJ? (a) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists: (1) force or coercion is used to accomplish the sexual contact; This web site is designed for general information only. Does a local lawyer help in a New Jersey DWI case? Generally, a person who supervises the child on a regular and continuing basis over extended periods of time, and engages in matters that are typically committed to the childs parents would be deemed to have assumed the reasonability of care. Under New Jerseys criminal child abuse laws, any parent, guardian, or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. Child abuse or neglect reports by school personnel - Failure as misdemeanor. (6)For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 18 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 18. You already receive all suggested Justia Opinion Summary Newsletters. Please check official sources. If you are charged with fourth-degree child abuse due to abandonment, cruelty, or neglect, you should contact the knowledgeable child abuse and neglect lawyers at the Tormey Law Firm. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent offense under this subparagraph shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7. Contact our offices now for immediate assistance at (908)-356-6900. Five to 10 years. Second, there are other charges that could be filed against an adult who abuses a child, such as charges for assault, sexual assault, endangering the welfare of children, or other crimes. In some cases, the alleged actions would clearly violate the statute. Endangering the welfare of a child in New Jersey is a criminal offense governed by N.J.S. The term "file-sharing program" includes but is not limited to a computer program, application or software that enables a computer user to participate in a peer-to-peer network. Iantosca, of Randolph, could have faced up to 18 months in jail. Can I perform community service to avoid DWI penalties? Center Suite 2600, 353 Livingston What are the penalties for DWI or DUI in NJ? Slobodan Todoric was charged with second-degree aggravated assault, second-degree endangering the welfare of a child and fourth-degree child abuse and neglect, NJ.com reported, citing a statement . Endangering the Welfare of a Child Statute. 2C:24-4 defines numerous acts that constitute endangering the welfare of a child. Five Possible Outcomes of Permanency Hearings, fourth-degree criminal child abuse charges, the Division of Child Protection and Permanency (DCP&P). (b) "Cruel" means brutal, inhuman, sadistic . Not providing food, shelter, clothes, etc. Can I represent myself in a DUI or DWI case? Endangering the welfare of a child is a more serious charge for a parent or guardian or someone else who has assumed legal responsibility for the child involved in the offense. 2C:24-4. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Jersey Revised Statutes, Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE. Get free summaries of new opinions delivered to your inbox! 39:4-98, Travis Tormey is Ready to Handle Your Criminal Case, New Jersey Resisting Arrest Charges: N.J.S.A. Fourth degree child abuse is a more serious form of child abuse that can result in more serious injuries or even death. anime picture In Synastry, these are the main Nessus red flags, 1.5 degree orbs max: Guys Nessus conj Girl's Ascendant Nessus square Venus/Dejanira/Moon Nessus conj/square Saturn or Sun . You can see the connection and overlap between these two laws, both of which may apply to a child abuse or neglect case. If the State can show that the parent engaged in some form of sexual conduct, a conviction may be warranted. She was 29 years old on the day of the booking. Notably, the first section of the statute reads that any person who has or assumed the responsibility of care over a child who engages in sexual conduct that would impair or debauch the morals of a child is guilty of a crime of the second degree. Further, sexual conduct charged under the statute requires mandatory sex offender registration per the terms of Megans Law in New Jersey. 9:6-3. New Jersey statute NJSA 2C:24-4, states that any person who has a duty to care for a child or who has assumed responsibility for a child and who engages in sexual conduct with the child is guilty of a second degree indictable offense. 2C:24-4 which provides: Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child . A fourth-degree offense is punishable by up to 18 months in prison and a fine of up to $10,000. 2C:24-4 (b), a person may be charged with child endangerment if they cause or allow a child to engage in a prohibited sexual act that is photographed, recorded, or part of an exhibition. Many forms of conduct qualify as violations of the New Jersey endangering the welfare of a child statute, section2C:24-4. It is a fourth degree crime to possess or knowingly view any photograph, film, or computer program depicting a child engaging in a prohibited sexual act. Fourth-Degree Child Abuse The lowest level of child abuse is known as child abuse in the fourth-degree. N.J.S.A. a. In these situations, child endangerment is a second degree crime. Second degree offenses also carry tens of thousands of dollars in criminal fines and other penalties. On the non-legal side of things, child abuse can cause severe problems for a family and a child, potentially causing the child to grow up with PTSD or other mental health issues caused by their childhood trauma. The penalties for child endangerment in New Jersey cover: Fine: A fine for child endangerment in the third degree could see you having to pay a fine up to $15,000. 2C:24-4. Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1, in any instance where a person was convicted of an offense under this subparagraph that involved 100 or more items depicting the sexual exploitation or abuse of a child, the court shall impose a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others. News 12 New Jersey reported Lonczak said she had five personal pets among the dogs, and Nycz had two. For example, forcing a minor to engage in intercourse or fellatio would certainly be deemed a sexual act and moreover, would unquestionably impair the morals of a child. Jail. clients have to say about the Tormey Law Firm LLC. In addition to these charges, you can face charges for other crimes if they happen to be committed against a child. "Distribute" means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not. 2C:17-3, New Jersey Criminal Restraint Charges NJSA 2C:13-2, New Jersey DCP&P (DYFS) Allegations of Child Abuse and Neglect, New Jersey DCP&P Appeals of Abuse and Neglect Findings, New Jersey Detention Hearings for Domestic Violence, New Jersey Endangering the Welfare of a Child Charges: N.J.S.A. Street, 55 Madison Whether it's parents with drug addiction problems, overwhelmed guardians, or grandparents raising their grandkids the way they were raised, if a child is being harmed by their caretakers, everyone in Kentucky has the duty to report that abuse to the authorities. Our Atlantic City child abuse defense lawyers at the Law Offices of John J. Zarych fight to protect our clients rights by working to get unjustified child abuse charges dropped and dismissed. As previously mentioned, New Jersey takes child engagement seriously. A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. What are the possible outcomes of a DCP&P/DYFS investigation in NJ? (856) 542-5312. For more information about how we can help you, contact us today at (201)-556-1570. "Peer-to-peer network" means a connection of computer systems through which files are shared directly between the systems on a network without the need of a central server. How to Tell if You Are the Subject of a Criminal Investigation in Atlantic County, NJ. Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. In 1993, Pozzi was sentenced to four years of probation after pleading to a third-degree child endangerment count in Old Bridge, New Jersey. Should I Hire a Local Lawyer for my NJ DWI Case? In addition, you could face other penalties, such as restraining orders against you or being stripped of child custody and visitation rights. Sign up for our free summaries and get the latest delivered directly to you. In addition, you could face other penalties, such as restraining orders against you or being stripped of child custody and visitation rights. This state can find spanking a child and leaving marks is child endangerment with a fine of $20,000 and two years in jail. Under N.J.S.A. The potential jail is between zero (0) and five (5) years. N.J.S.A. Other charges for abusing or injuring a child could involve higher penalties depending on the grading of the crime. 2C:15-2, New Jersey Criminal Mischief N.J.S.A. Under New Jersey Code Title 9, specifically statute, The primary criminal statute that governs child abuse cases is N.J.S.A. As with all investigations by the Division of Child Protection and Permanency (DCP&P), formerly known as the Division of Youth and Family Services (DYFS), if the Division responds to an allegation of child abuse or neglect and the situation is severe, DCP&P will probably call the local police department or County Prosecutor to initiate a criminal investigation. 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