In a Decision – State v. Thomas (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that when Defendant took her daughter to a make-up water safety class rather than to father for his court ordered evening parenting time that act may be a crime. However, extenuating circumstances may apply. The Court did too state that it was are keenly aware that the prosecution for a violation such as defendant's is a rarity, and the decision to prosecute this case is certainly debatable.
Defendant took her daughter to a make-up water safety class rather than to father for his court ordered evening parenting time. She had texted father and asked him to reschedule his parenting time but he refused. Defendant argued that the class was important for the child’s safety because there was a backyard pool where she and the child lived. Defendant argued that the trial judge erred in denying her motions to dismiss the pre-indictment complaint and the indictment on the ground that her infraction was de minimis [~trivial]. The Appellate Division affirmed holding the motion judge did not err in the court’s refusal to dismiss on triviality grounds was not an abuse of discretion but the trial court also had to address the extenuating circumstance subsection of that statute.