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Sunday, January 22, 2017

STATE OF NEW JERSEY VS. ISAAC A. YOUNG A-1857-14T4

STATE OF NEW JERSEY VS. ISAAC A. YOUNG 
A-1857-14T4 
In this case of first impression, a jury convicted defendant of permitting or encouraging the release of a confidential child abuse record, a fourth-degree offense, N.J.S.A. 9:6-8.10b, hindering his own apprehension or prosecution by giving a false statement to law enforcement, a disorderly persons offense, N.J.S.A. 2C:29-3(b)(4), and fourth-degree false swearing by inconsistent statements, N.J.S.A. 2C:28-2(a). Defendant, a municipal official, had obtained a DYFS child abuse investigation report that had been in the police department's files through an anonymous source and shared 

the document with others for political purposes. There was no evidence that defendant had received the document from DYFS or had encouraged its release to him. We construed N.J.S.A. 9:6-8.10a and N.J.S.A. 9:6-8.10b and determined that defendant's conduct was not subject to the statutes' prohibitions or penalties. We therefore reversed defendant's conviction for that offense. We did not, however, vacate either of defendant's other two convictions, finding that the reversal of the one did not require the other convictions be vacated.