Bill > A5848

Introduced Session

This bill amends the child endangerment statute, N.J.S.A.2C:24-4, to create a fourth degree crime of knowingly or recklessly causing or allowing a child to be subjected to sexual conduct through the use of automated interactive computer technology. Under current law, endangering the welfare of a child occurs when a person engages in sexual conduct which would impair or debauch the morals of the child. Endangering is a second degree crime when committed by a person with a legal duty to care for the child, and is a third degree crime when committed by other persons. Although the statute does not specify what types of acts constitute sexual conduct which would impair or debauch the morals of the child, it has been well-settled by the courts of this State that the conduct can occur online or over the telephone without actual physical contact, and can include conversations with children that describe sexual activity. See, e.g., State v. Maxwell, 361 N.J. Super. 502 (Law Div. 2001); State v. Johnson, 460 N.J. Super. 481 (Law Div. 2019); State v. McInerney, 428 N.J. Super. 432 (App. Div. 2012). Under the bill, any person who knowingly or recklessly causes, or allows, a child to be subjected to sexual conduct which would impair or debauch the morals of the child, through the person's creation, control, possession, manipulation, use, dissemination, sale, or promotion of any automated interactive computer technology that is capable of performing or simulating sexual conduct, is guilty of a crime of the fourth degree. The bill provides an exception for AI technology that has safety features designed to stop a chatbot from simulating sexual conduct when it detects that a user is a child. A crime of the second degree is punishable by five to 10 years' imprisonment, a fine of up to $150,000, or both. A crime of the third degree is punishable by three to five years' imprisonment, a fine of up to $15,000, or both. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine of up to $10,000, or both. It is the sponsor's intent that the bill would impose criminal penalties in situations where the creator of an artificial intelligence (AI) chatbot knowingly or recklessly programs the chatbot to engage in simulated sexual chats with users who are children. Such deliberate creation or misuse of AI chatbots, without regard to the safety of children, and their proliferation across social media platforms and the Internet, was reported in an April 26, 2025 article in the Wall Street Journal, entitled "Meta's 'Digital Companions' Will Talk Sex with Users - Even Children."

Committee Categories

Mitchelle Drulis (D)*,  Andrea Katz (D)*,  Ellen Park (D)*,  Rosaura Bagolie (D),  Roy Freiman (D),  Dan Hutchison (D),  Cody Miller (D),  Carol Murphy (D),  Luanne Peterpaul (D),  Jessica Ramirez (D),  Shanique Speight (D),  Sterley Stanley (D), 

Passed by the Assembly (80-0-0) (on 06/30/2025)

Official Document