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STATE v. N.I.

793 A.2d 760 (2002)

349 N.J. Super. 299

STATE of New Jersey, Plaintiff-Respondent, v. N.I., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 2002.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (M. Virginia Barta, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, attorney for respondent (Linda K. Danielson, Deputy Attorney General, of counsel and on the brief).

Before Judges HAVEY, COBURN, and WEISSBARD.

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 abandonment 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...

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