New Jersey-2014-S789-Introduced

An Act concerning harassment of a minor child and misrepresentation of identity through the posting of certain information on the Internet 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. As used in this act:

"Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered.

"Harassment" means any of the acts established as an offense under N.J.S.2C:33-4.

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

"Internet service provider" or "provider" means any person, business, or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State.

"Internet web page" or "web page" means a location, with respect to the World Wide Web, that has a single uniform resource locator or other single location with respect to the Internet.

"Minor child" means a person less than 16 years old.

"Personal identifying information" means the telephone number, home address, or other similar information that would permit or facilitate unsolicited contact with a minor child by another person.

2. a. A person is guilty of a crime of the fourth degree if the person knowingly posts by means of an Internet web page, electronic mail message or through other similar use of the Internet, personal identifying information about a minor child, without the prior written consent of the minor child or the prior written consent of the parent or guardian of the minor child, and such posting is for the purpose of harassment of the minor.

b. A person is guilty of a crime of the third degree if: (1) the person knowingly misrepresents by means of an Internet web page, electronic mail message, or through other similar use of the Internet, the age of a minor child, either directly through descriptive representations or indirectly through pictorial representation, and such misrepresentation is reasonably likely to encourage, promote, or otherwise induce another person to make unsolicited contact with the minor child for the purpose of harassment of the minor child; and (2) in conjunction with the misrepresentation of the age of the minor child, the person knowingly posts, by means of an Internet web page, electronic mail message, or through other similar use of the Internet, personal identifying information about the minor child, without the prior written consent of the minor child or the prior written consent of the parent or guardian of the minor child.

3. A person is guilty of a crime of the fourth degree if the person shall knowingly, by means of a web page, Internet bulletin board, or otherwise through use of the Internet, represent oneself, either directly or indirectly, to be another person without the express written authorization or written approval of that person, for the purpose of harassment of a minor child or inducing another person to make unsolicited contact with a minor child for the purpose of harassment of the minor child.

4. The provisions of this act shall not be construed to apply to the actions of an Internet service provider in providing for the transmission, routing, relaying, handling, or storing through an automatic technical process, of an Internet website, electronic mail message, or other similar use of the Internet.

5. This act shall take effect on the first day of the sixth month following the date of enactment.

STATEMENT

This bill makes it a crime of the fourth degree for a person to knowingly post by means of an Internet web page, electronic mail message, or through other similar use of the Internet, personal identifying information about a minor child less than 16 years old, without the prior written consent of the minor or the prior written consent of a parent or guardian of a minor, that would permit or facilitate the unsolicited contact with the minor, and such posting is for the purpose of harassment of the minor.

The bill makes it a crime of the third degree if a person: (1) knowingly misrepresents by means of an Internet web page, electronic mail message, or through other similar use of the Internet, the age of a minor child less than 16 years old, and such misrepresentation is reasonably likely to encourage, promote, or otherwise induce another person to make unsolicited contact with the minor for the purpose of harassment of the minor child; and (2) in conjunction with such misrepresentation, the person knowingly and without written authorization, posts personal identifying information about the minor child by means of an Internet web page, electronic mail message, or through other similar use of the Internet.

This bill makes it a crime of the fourth degree for a person to knowingly, by means of an Internet web page, Internet bulletin board, or through other similar use of the Internet, represent oneself, either directly or indirectly, to be another person without the express written authorization or written approval of that person, for the purpose of harassment of a minor child or inducing another person to make unsolicited contact with a minor child for the purpose of harassment of that minor child.

The bill exempts Internet service providers from liability for the routine conveyance or storage of an Internet website, electronic mail message, or other similar use of the Internet.