Bill > S4455

Introduced Session

This bill amends the State's obscenity law for minors to require sexually oriented online entities to perform age verifications for sexually explicit obscene material available over the Internet. Under existing law, N.J.S.A.2C:34-3, it is a crime of the third degree to sell, distribute, rent, or exhibit sexually explicit obscene material to a person under 18 years of age. However, it is an affirmative defense that: (a) the person under age 18 falsely represented in or by writing that he was age 18 or over; (b) the person's appearance was such that an individual of ordinary prudence would believe him to be age 18 or over; and (c) the sale, distribution, rental, showing, or exhibition was made in good faith relying upon such written representation and appearance and in the reasonable belief that the person was actually age 18 or over. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. The obscenity law originates from a time before widespread use of the Internet, when sexually explicit material was generally available only through certain retail stores, or adult video stores, book stores, or theaters. Under the bill, the obscenity law is extended to apply to sexually oriented online entities, which are defined as persons or entities engaged in the business of exhibiting or showing obscene material through the Internet, and includes websites, social media platforms, file sharing platforms, video platforms, gaming platforms, mobile applications, bulletin board systems, and other Internet-connected networks, the primary purpose or substantial portion of which is to exhibit or show obscene material; to allow individuals to share or distribute obscene material with other individuals; or to allow individuals to generate obscene material. A sexually oriented online entity located in this State or that exhibits or shows obscene material to individuals in this State through the Internet will be required to verify that each individual that attempts to access or view the obscene material is at least 18 years of age. The bill provides that age verification may be performed through a proprietary system developed by the entity, commercial third-party services, or online driver's license checks available through the Motor Vehicle Commission, provided that certain data protections for user privacy are followed. A sexually oriented online entity that violates the age verification requirement will be subject to prosecution under the obscenity law and, if convicted, will be subject to a civil penalty of up to $50,000 in addition to any other penalty imposed.

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Troy Singleton (D)*,  Renee Burgess (D),  Parker Space (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 05/19/2025)

Official Document