Bill Text: NJ A2401 | 2020-2021 | Regular Session | Amended
Bill Title: "Responsible Dog Ownership Act."
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-06-21 - Reported from Assembly Comm. as a Substitute, 2nd Reading [A2401 Detail]
Download: New_Jersey-2020-A2401-Amended.html
ASSEMBLY, No. 2401
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED FEBRUARY 3, 2020
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
"Responsible Dog Ownership Act."
CURRENT VERSION OF TEXT
As reported by the Assembly Agriculture Committee on June 9, 2021, with amendments.
An Act concerning the control of dogs, supplementing 1Title 2C of the New Jersey Statutes and1 Title 4 of the Revised Statutes, and amending 1[N.J.S.2C:24-4] various sections of statutory law1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) 1[This act] Sections 1 through 9 of P.L. , c. (C. ) (pending before the Legislature as this bill)1 shall be known and may be cited as the "Responsible Dog Ownership Act."
2. (New section) The Legislature finds and declares that there is a need to focus attention on the behavior of, and safe interaction with, all dogs in the communities of the State; that children are at particular risk from confrontations with unrestrained dogs, due to the size of children in relation to many dogs, but also because of their innocence, inexperience, and emotional perceptions; that dog owners embrace their role as caretakers and trainers of their dogs and are likely to be the first to wish to curtail any negative interactions between themselves, their dogs, children, and any other members of the communities in which they live; and that any regulation of dog behavior must be implemented with consideration, forethought, and reasonableness for the good of both the public and dog owners in the State.
The Legislature therefore determines that it is in the public interest and for the well being of our children 1[and] ,1 our dogs 1, and all the citizens of our State1 that the State develop leashing and fencing requirements for dogs, to be implemented by the municipalities in the State, 1hold dog owners liable for serious injury caused by their dogs,1 and establish penalties for certain violations that threaten the safety of our children and all members of our communities, all of which are in keeping with responsible dog ownership to which so many, if not all, dog owners in the State are committed and subscribe.
3. (New section) a. Within 180 days after the date of enactment of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1, the Department of Health, after consulting with the New Jersey Certified Animal Control Officers Association, the League of Municipalities, 1and1 the New Jersey Veterinary Medical Association, 1[and the New Jersey Society for the Prevention of Cruelty to Animals,]1 shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing:
(1) the size of dog that would constitute a large dog necessitating fencing for the protection and well being of the public at large;
(2) the appropriate height and dimensions of an enclosed fenced area for such large dogs so as to properly protect the public and ensure the well-being of the dog;
(3) standards for leashing, restraining, and otherwise restricting the free movement of a dog when it is off the property of its owner;
1(4) permissible use of invisible fencing and other fencing compliance options for residents of condominiums, townhouses, and apartments and other rental properties;1 and
1[(4)] (5)1 the appropriate requirements for the control and regulation of the free movement of dogs 1of1 all sizes 1[of dogs off the property of an owner]1 in the State 1when off the property of the dog's owner1.
b. The department shall develop and adopt model ordinances providing for the standards and requirements established in the rules and regulations, which a municipality may enact in order to comply with the adopted standards and requirements.
4. (New section) a. Each municipality shall adopt a responsible dog ownership ordinance, resolution, or regulation providing for, at a minimum, the standards and requirements established in the rules and regulations adopted by the department pursuant to section 3 of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1.
b. 1[A] Each1 municipality 1shall establish a dedicated fund solely for the purpose of enforcement of the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill), separate from the other accounts of the municipality. Each municipality1 may allocate a portion of the 1[fees collected for the licensing of dogs in] moneys forwarded to the treasurer of1 the municipality 1pursuant to section 11 of P.L.1941, c.151 (C.4:19-15.11) and shall deposit the allocated moneys1 and any penalties collected pursuant to 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill) in the dedicated fund1 to pay for the enforcement of any 1[such] standard or requirement,1 ordinance, resolution, or regulation, the posting of signs, or any other municipal expense incurred pursuant to 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1.
c. Each municipality shall 1establish and1 publicize a telephone number for reporting violations of 1[this act.] P.L. , c. (C. ) (pending before the Legislature as this bill). The municipality shall identify and post the number on the municipality's website and in the office of the municipal clerk. The municipality shall provide the number to each dog owner licensing a dog and include the number in mailings of property tax bills or other appropriate notices from the municipality.1 This telephone number shall be forwarded to the department and any changes in this number shall be reported immediately to the department.
5. (New section) Whenever a person registers or licenses a dog with a municipality pursuant to section 2, 3, 4, 5, or 6 of P.L.1941, c.151 (C.4:19-15.2, C.4:19-15.3, C.4:19-15.4, C.4:19-15.5, or C.4:19-15.6), or section 14 or 15 of P.L.1989, c.307 (C.4:19-30 or C.4:19-31), the municipal clerk 1or other official issuing the license1 shall provide the person with a copy of the leashing and fencing requirements in effect in the municipality and notification of the provisions of 1N.J.S.2C:12-1,1 N.J.S.2C:24-4 1, sections 8 and 9 of P.L. , c. (C. ) (pending before the Legislature as this bill),1 and any other ordinance, resolution, or regulation concerning the free movement of dogs in the municipality.
6. (New section) Upon receipt of a registration application for a dog requiring specific large dog fencing in the municipality, the municipality shall issue a large dog registration number. The municipality shall issue an order to the owner of the dog with a schedule for compliance with the fencing requirements for the dog and the required specifications for the fencing to be installed. 1If the owner of the dog does not comply in a timely manner with the schedule for compliance with the fencing requirements, the dog's registration shall be revoked and the owner shall be fined pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).1
7. (New section) a. The owner of a dog, for which specific fencing is required pursuant to 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1, who is found by clear and convincing evidence to have violated the requirements established by the applicable municipality pursuant to 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1, shall be subject to a fine of 1[up to] not less than1 $500 1nor more than $2,0001 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.
b. The owner of a dog who is found by clear and convincing evidence to have violated 1[a] an1 ordinance, resolution, or regulation concerning the leashing or other restraint of a dog shall be subject to a fine of 1[up to] not less than1 $500 1nor more than $2,0001.
c. Fines collected pursuant to this section shall be paid to the municipality in which the violation occurred.
18. (New section) An owner whose dog inflicts bodily injury or serious bodily injury upon, or kills, a person, when the dog is not leashed or restrained in a residential neighborhood, park, or other open space accessible to the public, or the owner of the dog fails to comply with court-imposed requirements pursuant to P.L.1989, c.307 (C.4:19-17 et seq.), shall be criminally liable for the injury or death of the person caused by the dog and subject to the applicable provisions of N.J.S.2C:12-1, N.J.S.2C:24-4, section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any other State law. Notwithstanding any provision of section 3 of P.L.1979, c.396 (C.2C:46-4) to the contrary, any fines collected from a person convicted pursuant to subsection g. of N.J.S.2C:12-1, paragraph (3) of subsection a. of N.J.S.2C:24-4, or section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be paid to the municipality in which the injury or death occurred.1
19. (New section) Criminal homicide constitutes reckless homicide caused by a dog when a person purposely, knowingly, or recklessly allows a dog off leash or fails to restrain a dog in a residential neighborhood, park, or other open space accessible to the public, and the dog kills a person as a result in an unprovoked attack by the dog. Reckless homicide caused by a dog is a crime of the second degree. The provisions of this section are in addition to any provision of P.L.1989, c.307 (C.4:19-17 et seq.) that may apply. Notwithstanding any other provision of section 3 of P.L.1979, c.396 (C.2C:46-4) to the contrary, any fines collected pursuant to a conviction shall be paid to the municipality in which the attack occurred.1
110. N.J.S.2C:11-2 is amended to read as follows:
2C:11-2. Criminal homicide.
a. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or, under the circumstances set forth in N.J.S.2C:11-5 or section 1 of P.L.2017, c.165 (C.2C:11-5.3), causes the death of another human being.
b. Criminal homicide is murder, manslaughter [or] , death by auto or vessel , or death caused by a dog.1
(cf: P.L.2017, c.165, s.2)
111. N.J.S.2C:12-1 is amended to read as follows:
2C:12-1. Assault. a. Simple assault. A person is guilty of assault if the person:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
b. Aggravated assault. A person is guilty of aggravated assault if the person:
(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon; or
(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded; or
(5) Commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:
(a) Any law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer; or
(b) Any paid or volunteer firefighter acting in the performance of the firefighter's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a firefighter; or
(c) Any person engaged in emergency first-aid or medical services acting in the performance of the person's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or
(d) Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person's status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person's status as a school bus driver; or
(e) Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of the employee's duties or because of the status as an employee of the division; or
(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of the status as a member of the judiciary; or
(g) Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of the person's duties or because of the status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or
(h) Any Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of the person's duties while in uniform or exhibiting evidence of the person's authority or because of the status as a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff's officer; or
(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of the employee's duties in regard to connecting, disconnecting, or repairing or attempting to connect, disconnect, or repair any gas, electric, or water utility, or cable television or telecommunication service; or
(j) Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or
(k) Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or
(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or
(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this paragraph, "emergency services personnel" shall include, but not be limited to, any paid or volunteer firefighter, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or
(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or
(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or
(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of the officer's authority. As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm; or
(12) Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19); or
(13) Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.
Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of this section is a crime of the third degree; under paragraphs (3) and (4) of subsection b. of this section is a crime of the fourth degree; and under paragraph (5) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under paragraph (8) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under paragraph (11) of subsection b. of this section is a crime of the third degree. Aggravated assault under paragraph (12) or (13) of subsection b. of this section is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply.
c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.
(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.
(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.
It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(4) Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, "driving a vehicle in an aggressive manner" shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.
As used in this subsection, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.
d. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.
e. (Deleted by amendment, P.L.2001, c.443).
f. A person who commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, "school or community sponsored youth sports event" means a competition, practice, or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.
g. (1) The owner of a dog is guilty of assault when the owner purposely, knowingly, or recklessly allows the owner's dog off leash or fails to restrain the dog in a residential neighborhood, park, or other open space accessible to the public, or fails to comply with court-imposed requirements pursuant to P.L.1989, c.307 (C.4:19-17 et seq.), and the dog causes either serious bodily injury or bodily injury to a person and the person does not die as a result.
(2) The owner of a dog is guilty of assault and the owner is guilty of a crime of the fourth degree pursuant to this subsection if the dog inflicts any bodily injury other than serious bodily injury upon a person.
(3) The owner of a dog is guilty of aggravated assault and a crime of the third degree pursuant to this subsection if the dog inflicts serious bodily injury upon a person and the person does not die as a result.1
(cf: P.L.2019, c.219, s.3)
1[8.] 12.1 N.J.S.2C:24-4 is amended to read as follows:
2C:24-4. Endangering Welfare of Children.
a. (1) 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 is guilty of a crime of the second degree. 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.
(2) Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3, and section 1 of P.L.1974, c.119 (C.9:6-8.21) is guilty of a crime of the second degree. 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.
(3) Any person who purposely, knowingly, or recklessly allows a dog 1[to roam without a leash or other restraint] off leash or fails to restrain the dog1 in a residential neighborhood, park, or other open space accessible to the public in which a child may be present, and the dog 1kills a child, the person is guilty of a crime of the second degree. If the dog1 inflicts serious bodily injury upon 1[, or kills,]1 a child, the person is guilty of a crime of the third degree. If the dog inflicts any other bodily injury upon a child, the person is guilty of a crime of the fourth degree. If the dog is discovered 1[loose] off leash or unrestrained1 or threatens a child, and does not inflict any bodily injury 1upon a child1 , the person is guilty of a disorderly persons offense. The provisions of this paragraph are in addition to any of P.L.1989, c.307 (C.4:19-17 et seq.) that may apply 1[and ,] . Notwithstanding any provision of section 3 of P.L.1979, c.396 (C.2C:46-4) to the contrary, any1 fines collected pursuant to 1a conviction under1 this section shall be paid to the municipality in which the violation occurred.
b. (1) As used in this subsection:
"Child" means any person under 18 years of age.
"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. The term also includes an agreement or attempt to distribute.
"File-sharing program" means a computer program, application, software or operating system that allows the user of a computer on which such program, application, software or operating system is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers. 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.
"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
"Item depicting the sexual exploitation or abuse of a child" means a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction which:
(a) depicts a child engaging in a prohibited sexual act or in the simulation of such an act; or
(b) portrays a child in a sexually suggestive manner.
"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.
"Portray a child in a sexually suggestive manner" means:
(a) to depict a child's less than completely and opaquely covered intimate parts, as defined in N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child; or
(b) to depict any form of contact with a child's intimate parts, as defined in N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child; or
(c) to otherwise depict a child for the purpose of sexual stimulation or gratification of any person who may view the depiction where the depiction does not have serious literary, artistic, political, or scientific value.
"Prohibited sexual act" means
(a) Sexual intercourse; or
(b) Anal intercourse; or
(c) Masturbation; or
(d) Bestiality; or
(e) Sadism; or
(f) Masochism; or
(g) Fellatio; or
(h) Cunnilingus; or
(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or
(j) Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.
"Reproduction" means, but is not limited to, computer generated images.
(2) (Deleted by amendment, P.L.2001, c.291).
(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 or to be portrayed in a sexually suggestive manner if the person knows, has reason to know or intends that the prohibited act or portrayal may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance.
(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 for portrayal in a sexually suggestive manner 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 or for portrayal in a sexually suggestive manner.
(5) (a) A person commits a crime if, by any means, including but not limited to the Internet, he:
(i) knowingly distributes an item depicting the sexual exploitation or abuse of a child;
(ii) knowingly possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or
(iii) knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program which is designated as available for searching by or copying to one or more other computers.
In a prosecution under sub-subparagraph (iii) of this subparagraph, the State shall not be required to offer proof that an item depicting the sexual exploitation or abuse of a child had actually been searched, copied, transmitted or viewed by another user of the file-sharing program, or by any other person, and it shall be no defense that the defendant did not intend to distribute the item to another user of the file-sharing program or to any other person. 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.
A violation of this subparagraph that involves 1,000 or more items depicting the sexual exploitation or abuse of a child is a crime of the first degree; otherwise it is a crime of the second degree.
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person whose offense under this subparagraph involved at least 25 but less than 1,000 items depicting the sexual exploitation or abuse of a child shall be sentenced to a mandatory minimum term of imprisonment, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person whose offense under this subparagraph involved 1,000 or more items depicting the sexual exploitation or abuse of a child shall be sentenced to a mandatory minimum term of imprisonment, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or 10 years, whichever is greater, during which the defendant shall be ineligible for parole.
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. 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.
For purposes of this subparagraph, the term "possess" includes receiving, viewing, or having under one's control, through any means, including the Internet.
(b) (i) A person commits a crime of the first degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, 100,000 or more items depicting the sexual exploitation or abuse of a child.
(ii) A person commits a crime of the second degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, at least 1,000 but less than 100,000 items depicting the sexual exploitation or abuse of a child.
(iii) 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, less than 1,000 items depicting the sexual exploitation or abuse of a child.
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.
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. 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.
Nothing in this subparagraph shall be construed to preclude or limit any prosecution or conviction for the offense set forth in subparagraph (a) of this paragraph.
(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. 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 or portrayed in a sexually suggestive manner 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.
(7) For aggregation purposes, each depiction of the sexual exploitation or abuse of a child shall be considered a separate item, provided that each depiction that is in the form of a photograph, picture, image, or visual depiction of a similar nature shall be considered to be one item and each depiction that is in the form of a film, video, video-clip, movie, or visual depiction of a similar nature shall be considered to be 10 separate items, and each individual act of distribution of an item depicting the sexual exploitation or abuse of a child shall be considered a separate item. For purposes of determining the number of items depicting the sexual exploitation or abuse of a child for purposes of sentencing pursuant to subparagraph (a) of paragraph (5) of this subsection, the court shall aggregate all items involved, whether the act or acts constituting the violation occurred at the same time or at different times and, with respect to distribution, whether the act or acts of distribution were to the same person or several persons or occurred at different times, provided that each individual act was committed within the applicable statute of limitations. For purposes of determining the number of items depicting the sexual exploitation or abuse of a child for purposes of sentencing pursuant to subparagraph (b) of paragraph (5) of this subsection, the court shall aggregate all items involved, whether the possession of such items occurred at the same time or at different times, provided that each individual act was committed within the applicable statute of limitations.
(cf: P.L.2017, c.141, s.1)
113. Section 11 of P.L.1941, c.151 (C.4:19-15.11) is amended to read as follows:
11. License fees and other moneys collected or received under the provisions of sections 3, 8, 9 and 16 of P.L.1941, c.151 (C.4:19-15.3, C.4:19-15.8, C.4:19-15.9, and C.4:19-15.16), except registration tag fees, shall be forwarded to the treasurer of the municipality within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under P.L.1941, c.151 (C.4:19-15.1 et seq.) or under local dog control ordinances; for the enforcement of the fencing and dog control requirements established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill); for local prevention and control of rabies; for providing antirabic treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies; for payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs; for compliance with the requirements of subsection b. of section 6 of P.L.2017, c.189 (C.4:22-17.6); and for administering the provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.). A portion in the special account allocated by the municipality for enforcement of the fencing and dog control requirements established pursuant to sections 3 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) may be transferred and deposited into the dedicated fund established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). Any unexpended balance remaining in the special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the municipality any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
The registration tag fee for each dog shall be forwarded within 30 days after collection by the clerk or other official designated to license dogs to the State Department of Health which department shall forward the sum to the State Treasurer who shall place all such moneys in a special account for use only by the State Department of Health in administering P.L.1941, c.151 (C.4:19-15.1 et seq.) and for the prevention and control of rabies throughout the State, and such account is hereby declared to be a trust fund not subject to legislative appropriation. At the end of the third fiscal year following the adoption of P.L.1941, c.151 (C.4:19-15.1 et seq.) and at the end of each fiscal year thereafter, there shall be withdrawn from this trust fund and transferred to the general funds of the State any amount then in the trust fund which is in excess of the total amount paid into the trust fund during the last two fiscal years next preceding.1
(cf: P.L.2017, c.189, s.10)
1[9.] 14.1 This act shall take effect immediately.
