Bill > A5004

This bill creates a separate, comprehensive crime for child sexual abuse or exploitation material (CSAEM), replacing previous statutes related to child pornography. The bill defines several key terms, including "child" as anyone under 18, "distribute" as selling, sharing, or making available material through any means, and "item depicting the sexual exploitation or abuse of a child" as any visual representation that depicts a child engaging in sexual acts, simulating sexual acts, or portrayed in a sexually suggestive manner. The bill establishes multiple criminal offenses with varying degrees of severity, including causing a child to engage in prohibited sexual acts, photographing or filming a child in sexual situations, possessing or distributing CSAEM, and using file-sharing programs to store such material. Penalties range from third to first-degree crimes, with more severe punishments for larger quantities of material or repeated offenses. The bill also includes strict liability provisions, meaning that defendants cannot claim they did not know the age of the child as a defense. Additionally, the bill amends numerous existing laws to update references and ensure consistent treatment of CSAEM across different legal contexts, such as employment background checks, housing regulations, and DNA collection requirements. The legislation aims to comprehensively address the evolving technological landscape of child sexual exploitation, including provisions related to computer-generated imagery and artificial intelligence.

Budget and Finance, Business and Industry, Justice

https://www.njleg.state.nj.us/bill-search/2024/A5004