Bill Text: NJ A4849 | 2026-2027 | Regular Session | Introduced
Bill Title: Creates civil and criminal penalties for invasive grooming of vulnerable adults.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-05-04 - Introduced, Referred to Assembly Judiciary Committee [A4849 Detail]
Download: New_Jersey-2026-A4849-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Creates civil and criminal penalties for invasive grooming of vulnerable adults.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning invasive procedures performed on vulnerable adults, amending various parts of the statutory law, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Authorized consent" means express, written permission provided by: A vulnerable adult's parent, legal guardian, custodian, attorney-in-fact, guardian ad litem, or court-appointed medical proxy; and
a licensed physician stating the documented medical necessity for the procedure.
"Caretaker" means any paid professional, healthcare worker, personal aide, agency employee, or other individual who assumes responsibility for the care, custody, or supervision of a vulnerable adult pursuant to the individual's employment, contract, or other professional arrangement.
"Employer" shall have the same meaning as that term is defined in subsection d. of 26 U.S.C.s. 3401 of the Internal Revenue Code of 1986. "Employer" shall include any individual, partnership, association, organization, labor organization, corporation, legal representative, trustee, trustee in bankruptcy, receiver, fiduciary, governmental entity, and any "hiring entity" as defined by section 2 of P.L.2023, c.262 (C.34:11-70).
"Intimate parts" shall have the same meaning as defined in N.J.S.2C:14-1.
"Invasive grooming" means the act of intentionally shaving, waxing, or otherwise removing or altering hair from the intimate parts of a vulnerable adult.
"Licensed physician" means a physician licensed by the State Board of Medical Examiners.
"Medical necessity" means an action, procedure, or treatment deemed necessary by a licensed physician to address a specific medical condition, for which a written explanation is documented in the individual's medical record. Documentation must explain why removal of hair from the intimate parts is necessary for health, personal hyenine, or medical treatment purposes.
"Vulnerable adult" means a person 18 years of age or older who, because of a physical or mental illness, disability, deficiency, or incapacity, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his or her well-being, including, but not limited to, being incapable of providing consent, or being incapable of understanding or exercising the right to refuse to engage in particular conduct.
b. Crime of the Third Degree. A caretaker is guilty of a crime of the third degree for performing invasive grooming of the intimate parts if the conduct:
(1) is performed:
(a) without authorized consent; or
(b) in a manner that fails to comply with proper legal and health care procedures; and
(2) causes temporary emotional distress or physical discomfort to the vulnerable adult.
c. Crime of the Second Degree. A caretaker is guilty of a crime of the second degree for performing invasive grooming of the intimate parts of a vulnerable adult if the conduct:
(1) results in significant or serious bodily injury as defined in N.J.S.2C:11-1, significant emotional or psychological trauma, or permanent harm to the vulnerable adult; or
(2) is accompanied by willful acts of intimidation, coercion, or exploitation.
d. Crime of the First Degree. A caretaker is guilty of a crime of the first degree for performing invasive grooming of the intimate parts of a vulnerable adult if the conduct:
(1) involves sexual gratification on the part of the caretaker or is motivated by sexual or prurient interest; or
(2) is part of a repeated pattern of abusive or exploitative conduct toward the same or other vulnerable adults, or if the caretaker records, photographs, or otherwise broadcasts the act in violation of section 1 of P.L.2003, c.206 (C.2C:14-9).
e. A conviction for invasive grooming of the intimate parts of a vulnerable adult in violation of this section shall not merge with a conviction for any other criminal offense.
f. It shall not be a defense that the caretaker was unaware of the law prohibiting invasive grooming without documented medical necessity and authorized consent. Further, it shall not be a defense that the caretaker believed the grooming was in the best interest of the vulnerable adult, if the caretaker was not provided authorized consent. It shall not be a defense that the vulnerable adult did not vocally object or was unable to object due to physical or mental incapacity.
2. (New section) Civil Remedies.
a. A vulnerable adult who is subjected to invasive grooming of the intimate parts, in violation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), may file a civil lawsuit against the caretaker and the employer responsible for the caretaker's supervision.
b. (1) Damages may include:
(a) Compensatory damages for pain, suffering, emotional distress, and medical expenses;
(b) Punitive damages for willful, egregious, or malicious conduct by the caretaker; and
(c) Any other relief that the court deems just and equitable.
(2) Reasonable attorneys' fees and court costs may also be recoverable by the plaintiff.
c. Vicarious Liability.
Employers that fail to adequately train, mandate participation in the training program, established in accordance with section 17 of P.L.1993, c.249 (C.52:27D-422), supervise, or oversee caretakers may also be held liable for acts committed in violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. Section 2 of P.L.2019, c.120 (C.2A:14-2a) is amended to read as follows:
2. a. (1) Every action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against a minor under the age of 18 that occurred prior to, on or after the effective date of P.L.2019, c.120 (C.2A:14-2a et al.) shall be commenced within 37 years after the minor reaches the age of majority, or within seven years from the date of reasonable discovery of the injury and its causal relationship to the act, whichever date is later.
(2) To the extent applicable, any action for an injury that occurred prior to the effective date of P.L.2019, c.120 (C.2A:14-2a et al.) shall be subject to the provisions of subsection c. of section 1 of P.L.1959, c.90 (C.2A:53A-7) and P.L.2005, c.264 (C.2A:53A-7.4 et seq.), as amended by P.L.2019, c.120 (C.2A:14-2a et al.).
b. (1) Every action at law for an injury resulting from the commission of sexual assault or any other crime of a sexual nature against a person 18 years of age or older that occurred prior to, on or after the effective date of P.L.2019, c.120 (C.2A:14-2a et al.) shall be commenced within seven years from the date of reasonable discovery of the injury and its causal relationship to the act.
(2) To the extent applicable, any action for an injury that occurred prior to the effective date of P.L.2019, c.120 (C.2A:14-2a et al.) shall be subject to the provisions of subsection c. of section 1 of P.L.1959, c.90 (C.2A:53A-7), as amended by P.L.2019, c.120 (C.2A:14-2a et al.).
Nothing in this section is intended to preclude the court from finding that the statute of limitations was tolled in an action because of the plaintiff's mental state, physical or mental disability, duress by the defendant, or any other equitable grounds. Such a finding shall be made after a plenary hearing. The court may order an independent psychiatric evaluation of the plaintiff in order to assist in the determination as to whether the statute of limitations was tolled.
(3) Notwithstanding the provisions of paragraph (1) of subsection b. of this section or any other law, rule, order to the contrary, every action at law for an injury resulting from the commission of a crime committed in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) may be commenced at any time.
c. (1) Every action at law for an injury that is commenced pursuant to this section shall proceed on an individual basis, and not proceed on behalf of a class in a class action, due to the particular circumstances, source of injury and its discovery, and damages relating to each occurrence or occurrences of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against either a minor under the age of 18 or a person 18 years of age or older.
(2) Any private, contractual arrangement intending to settle claims for occurrences described in paragraph (1) of this subsection on a class basis is against public policy and shall be void and unenforceable.
(cf: P.L.2019, c.120, s.2)
4. N.J.S.2C:1-6 is amended to read as follows:
2C:1-6. Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.
(2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.
b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:
(1) A prosecution for a crime [must] shall be commenced within five years after it is committed;
(2) A prosecution for a disorderly persons offense or petty disorderly persons offense [must] shall be commenced within one year after it is committed;
(3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, [must] shall be commenced within seven years after the commission of the offense;
(4) A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, [must] shall be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;
(5) (Deleted by amendment, P.L.2007, c.131)
(6) A prosecution for an offense set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be commenced within five years from the date the commission of the offense.or five years from the date that the offense becomes known to the vulnerable adult or legal representative of the vulnerable adult.
c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.
d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.
e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.
f. The limitations in this section shall not apply to any person fleeing from justice.
g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.
(cf: P.L.2007, c.131, s.1)
5. Section 4 of P.L.1993, c.249 (C.52:27D-409) is amended to read as follows:
4. a. (1) A health care professional, law enforcement officer, firefighter, paramedic, or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation, including invasive grooming, as set forth under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall report the information to the county adult protective services provider.
(2) Any other person who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation, including invasive grooming, as set forth under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), may report the information to the county adult protective services provider.
b. The report, if possible, shall contain the name and address of the vulnerable adult; the name and address of the caretaker, if any; the nature and possible extent of the vulnerable adult's injury or condition as a result of abuse, neglect, or exploitation; and any other information that the person reporting believes may be helpful.
c. A person who reports information pursuant to [this act] the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.), or provides information concerning the abuse of a vulnerable adult to the county adult protective services provider, or testifies at a grand jury, judicial, or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information, or testimony, unless the person acts in bad faith or with malicious purpose.
d. An employer or any other person shall not take any discriminatory or retaliatory action against an individual who reports abuse, neglect, or exploitation pursuant to [this act] the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.). An employer or any other person shall not discharge, demote or reduce the salary of an employee because the employee reported information in good faith pursuant to [this act] the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.). A person who violates this subsection is liable for a fine of up to $1,000 for the first offense, up to $5,000 for the second offense, and up to $10,000 for a third or subsequent offense.
e. A county adult protective services provider and its employees are immune from criminal and civil liability when acting in the performance of their official duties, unless their conduct is outside the scope of their employment, or constitutes a crime, actual fraud, actual malice, or willful misconduct.
(cf: P.L.2009, c.276, s.2)
6. Section 17 of P.L.1993, c.249 (C.52:27D-422) is amended to read as follows:
17. a. The commissioner or [his] the commissioner's designee shall establish a training program for county protective services provider staff which shall be offered at least annually and shall include a minimum of 90 classroom hours. This training shall be required during the first year of employment with an adult protective services provider.
b. (1) The commissioner or the commissioner's designee shall establish a training program for caretakers, as defined under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall be offered at least annually. The training shall include information concerning the laws governing bodily autonomy, authorized consent, and medical necessity.
(2)This training shall be required annually during the caretaker's employment with any employer, as defined under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), that provides care to vulnerable adults.
(3) Any employer, as defined under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), that fails to require annual participation by caretakers in the training program required pursuant to this subsection shall be subject to a fine of up to $25,000 per violation, with each caretaker that fails to annually participate constituting a separate and distinct violation.
(cf: P.L.1993, c.249, s.17)
7. This act shall take effect immediately.
STATEMENT
This bill establishes criminal and civil liability for the invasive grooming of vulnerable adults.
Definitions
Among other terms, the bill defines "authorized consent," "invasive grooming," and "vulnerable adult." "Authorized consent" is defined as express, written permission provided by: the vulnerable adult's parent, legal guardian, custodian, attorney-in-fact, guardian ad litem, or court-appointed medical proxy; and a licensed physician stating the documented medical necessity for the procedure. "Invasive grooming" is defined as the act of intentionally shaving, waxing, or otherwise removing or altering hair from the intimate parts of a vulnerable adult. A "vulnerable adult" is defined as any individual over the age of 18 who, because of a physical or mental illness, disability, deficiency, or incapacity, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his or her well-being, including, but not limited to, being incapable of providing consent, or being incapable of understanding or exercising the right to refuse to engage in particular conduct.
Crime of Invasive Grooming
Under the bill, a caretaker is guilty of a crime of the third degree for performing invasive grooming of the intimate parts if the conduct: is performed without authorized consent or in a manner that fails to comply with proper legal and health procedures; and knowingly or purposely causes temporary emotional distress or physical discomfort to the vulnerable adult.
A caretaker is guilty of a crime of the second degree for performing invasive grooming of the intimate parts of a vulnerable adult if the conduct: results in significant or serious bodily injury,, significant emotional or psychological trauma, or permanent harm to the vulnerable adult, or is accompanied by willful acts of intimidation, coercion, or exploitation.
A caretaker is guilty of a crime of the first degree for performing invasive grooming of the intimate parts of a vulnerable adult if the conduct: involves sexual gratification on the part of the caretaker or is motivated by sexual or prurient interest; or is part of a repeated pattern of abusive or exploitative conduct toward the same or other vulnerable adults, or if the caretaker records, photographs, or otherwise broadcasts the act in violation of section 1 of P.L.2003, c.206 (C.2C:14-9).
A crime of the third degree is ordinarily punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is ordinarily punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A crime of the first degree is ordinarily punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both.
Under the bill, a prosecution for invasive grooming must be commenced within five years from the date the commission of the offense, or five years from the date that the offense becomes known to the vulnerable adult or legal representative of the vulnerable adult.
Civil Actions
Any civil action at law for an injury resulting from the commission of the crime of invasive grooming may be commenced at any time. A vulnerable adult who is subjected to invasive grooming of the intimate parts in violation of the bill may file a civil lawsuit against the caretaker and the employer responsible for the caretaker's supervision. The damages may include: compensatory damages for pain, suffering, emotional distress, and medical expenses; punitive damages for willful, egregious, or malicious conduct by the caretaker; and any other relief that the Court deems equitable. Attorneys' fees and court costs can also be recoverable by the plaintiff.
Employers that fail to adequately train, mandate participation in the training program, established by the bill, supervise, or oversee caretakers may also be held liable for acts committed in violation of the bill.
Training and Reporting Requirements
Under the Adult Protective Services Act (APSA), a health care professional, law enforcement officer, firefighter, paramedic, or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation, are required to report the information to the county adult protective services provider. The person who fails to report is liable for a fine of up to $1,000. Under the APSA, the Commissioner of Human Services is required to establish a training program for county protective services provider staff which is required to be offered at least annually and include a minimum of 90 classroom hours. This training is required to be taken during the first year of employment with an adult protective services provider.
The bill amends the penalties under ASPA, for failure to report abuse, neglect, or exploitation, which would include, under the bill, the crime of invasive grooming of a vulnerable adult, to be $1,000 for the first offense, up to $5,000 for the second offense, and up to $10,000 for a third or subsequent offense.
The bill also requires the Commissioner of Human Services to establish a training program for caretakers to be offered at least annually. The training is required to include information concerning the laws governing bodily autonomy, authorized consent, and medical necessity. The training is required to be taken annually during employment with any employer or entity that provides care to vulnerable adults.
Any employer or entity that fails to require annual participation by caretakers in the training program required is to be subject to a fine of up to $25,000 per violation, with each caretaker that fails to annually participate constituting a separate and distinct violation.
Intent
This bill is intended to prevent paid or professional caretakers from unlawfully engaging in invasive grooming of vulnerable or disabled adults by shaving the pubic area or engaging in similar invasive grooming without a documented medical need and proper authorization, thereby endangering the dignity and safety of such individuals. This bill is designed to address a severe violation of personal dignity and bodily autonomy unique to the relationship between vulnerable adults and their paid caretakers. By criminalizing invasive grooming without medical justification and proper authorization, the bill seeks to protect vulnerable and disabled adults from abuse, exploitation, and humiliation. It further ensures that caretakers and their employers are held accountable for breaches of trust and duty.
