Bill > A3773

Introduced Session

This bill expands the types of crimes for which a conviction would prohibit an award of custody of or visitation rights to a child. The bill is similar to legislation recently enacted in Oklahoma. Under current law, pursuant to subsection a. of N.J.S.9:2-4.1, a person convicted of sexual assault shall not be awarded custody of or visitation rights to any minor child, including a minor child who was born as a result of or was the victim of the sexual assault, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. Pursuant to subsection b. of N.J.S.9:2-4.1, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded, a person convicted of sexual contact or of endangering the welfare of a child shall not be awarded custody of or visitation rights to any minor child. The bill would add additional criminal acts of a sexual nature to the statute. Under the bill, additional crimes for which a conviction would prohibit an award of custody of or visitation rights to a child, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded, include: first degree kidnapping under paragraph (2) of subsection c. of N.J.S.2C:13-1; criminal sexual contact under N.J.S.2C:14-3; luring or enticing a child under N.J.S.2C:13-6 when the person convicted has also any time been convicted under N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, or N.J.S.2C:24-4; human trafficking under N.J.S.2C:13-8 when the conviction is based on the person knowingly holding, recruiting, luring, enticing, harboring, transporting, providing or obtaining, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1; lewdness under paragraph (1) of subsection b. of N.J.S.2C:14-4; promoting prostitution of the actor's child or a child under the age of 18, or engaging in prostitution with a child under the age of 18 under paragraphs (3), (4), or (7) of subsection b. of N.J.S.2C:34-1. This bill would take effect immediately.

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Ronald Dancer (R)*, 

Introduced, Referred to Assembly Women and Children Committee (on 03/16/2020)