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If a person has done an act that has not endangered a child, but depicts and action that could have, can they be charged?

Eatontown, NJ |

Example of such act. There is a picture that I found posted on Facebook, of a girl holding a baby in one arm, while she is pointing a pistol at the face of the baby with her other. While you can't tell if the gun is real, you can tell that the safety is on, but her trigger finger IS on the trigger. Other then just put bad taste, what is anything could she be charged with? I know that with out knowing all the facts, she could be charged with endangering the child's welfare that could be dropped if the fact were that the gun as fake like a model or something, so what if anything could she be charged with that likely would hold up in court? Thanks! PS - Unknown the location of the incident, so the location ask by this site indicted only mine, not that of where the picture came from.

Attorney Answers 1


It is possible. You may want to bring the image to the attention of Facebook.

If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.

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Thanks for the reply, however, I am not looking to pursue any case against them myself, what I am trying to learn is since a court could not prove an act of endangering, what charge if any could she be charged with? That part of my question was not answered and that was the most important part of my question. Thanks!

Peter Joseph Lamont

Peter Joseph Lamont


That really depends upon the outcome of a police investigation. If the gun is real, it could be a charge of child endangerment. I could list 25 potential charges but it would all be speculative, It really depends upon the outcome of an investigation.



Fair Enough! Knowing that she could potentially be charged with a number of things makes me feel better and has given me enough to reply to the idiots who have replied that the people who are upset by the pic are the ones that are the idiots, I just needed fuel to place on my soapbox on fire! For that, I thank you! :)

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