Bill Text: NJ S59 | 2012-2013 | Regular Session | Introduced


Bill Title: Upgrades certain sex crimes against minors.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S59 Detail]

Download: New_Jersey-2012-S59-Introduced.html

SENATE, No. 59

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

Senator  JAMES BEACH

District 6 (Burlington and Camden)

 

Co-Sponsored by:

Senator Greenstein

 

 

 

 

SYNOPSIS

     Upgrades certain sex crimes against minors.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning endangering the welfare of children and amending N.J.S.2C:24-4.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.2C:24-4 is amended to read as follows:

     2C:24-4. Endangering Welfare of Children.

     a.     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, or 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 P.L.1974, c.119, s.1 (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 subsection to a child under the age of 16 is guilty of a crime of the third degree.

     b.    (1) As used in this subsection:

     "Child" means any person under 16 years of age.

     "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

     "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;

     (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 [second] first degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. [If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.]

     (4)   Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act 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 is guilty of a crime of the second degree.

     (5)   (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.

     (b)   Any person who knowingly possesses, receives or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the [fourth]third degree.

     (6)   For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 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 16.

     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 is under the age of 16, 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 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.

(cf: P.L.2001, c.291, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill upgrades the crime of causing or permitting a child to participate in child pornography, pursuant to paragraph (3) of subsection b. of N.J.S.A.2C:24-4, from a crime of the second degree to a crime of the first degree. Currently, it is a crime of the first degree for a parent, guardian or other person legally charged with the care or custody of a child to endanger the welfare of a child by permitting or causing that child to engage in prohibited sexual acts or in the simulation of such acts which may be photographed, filmed, reproduced, or reconstructed in any way.  This bill would provide that any person who commits these crimes would be a guilty of a crime of the first degree.

     In addition, this bill upgrades knowingly possessing child pornography from a crime of the fourth degree to a crime of the third degree.

     This bill is part of the Attorney General's initiative concerning Internet safety.

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