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A1260
ASSEMBLY, No. 1260
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Co-Sponsored by:
Assemblywoman Fantasia, Assemblyman Webber, Assemblywoman
Flynn, Assemblymen McGuckin, Kanitra and Assemblywoman Dunn
SYNOPSIS
���� "Human Trafficking and Child Exploitation
Prevention Act"; requires Internet-connected devices to have blocking
capability in certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning obscene material and supplementing
P.L.1960, c.39 (C.56:8-1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.���
This act shall be known and may
be cited as the
�Human Trafficking and Child Exploitation Prevention Act.�
���� 2.��� a. �It shall be an
unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to manufacture,
sell, offer for sale, lease, or distribute a product that makes content
accessible on the Internet:
���� (1)� unless the product
contains digital blocking capability that renders any obscene material, as
defined in N.J.S.2C:34-2 or N.J.S.2C:34-3, inaccessible; and
���� (2)� to a minor unless the
digital blocking capability is active and properly operating to make obscene
material inaccessible.
���� b.��� A person who manufactures,
sells, offers for sale, leases, or distributes a product that makes content
accessible on the Internet shall:
���� (1)� make reasonable and
ongoing efforts to ensure that the digital content blocking capability
functions properly;
���� (2)� establish a reporting
mechanism, such as a website or call center, to allow a consumer to report
unblocked obscene material or report blocked material that is not obscene;
���� (3)� ensure that all child
pornography and revenge pornography is inaccessible on the product;
���� (4)� prohibit the product from
accessing any hub that facilitates prostitution; and
���� (5)� render websites that are
known to facilitate human trafficking, in violation of section 1 of P.L.2005,
c.77 (C.2C:13-8), inaccessible.
���� 3.��� a.�� Any digital
blocking capability may be deactivated after a consumer:
���� (1)� requests in writing that
the capability be disabled;
���� (2)� presents identification
to verify that the consumer is 18 years of age or older;
���� (3)� acknowledges receiving a
written warning regarding the potential danger of deactivating the digital
blocking capability; and
���� (4)� pays a one-time $20
digital access fee.
���� b.��� A person who
manufactures, sells, offers for sale, leases, or distributes a product that
makes content accessible on the Internet may elect to pay a $20 opt-out fee for
each product that enters this State�s stream of commerce.
���� c.��� A person who
manufactures, sells, offers for sale, leases, or distributes a product that
makes content accessible on the Internet shall submit the funds collected as
the digital access fee, pursuant to paragraph (4) of subsection a. of this
section, or the opt-out fee pursuant to subsection b. of this section, to the
State Treasurer each quarter.� The State Treasurer shall forward the funds
collected to the Attorney General to help fund the operations of the Commission
on Human Trafficking, established by section 1 of P.L.2013, c.51
(C.52:17B-237).
���� 4.��� a.�� If the digital
blocking capability blocks material that is not obscene and the block is
reported to a call center or reporting website, the material shall be unblocked
within a reasonable time, but in no event later than five business days after
the block is first reported.
���� b.��� A consumer may seek
judicial relief to unblock filtered content.
���� c.��� If a person who manufactures,
sells, offers for sale, leases, or distributes a product that makes content
accessible on the Internet is unresponsive to a report of obscene material that
has breached the filter, the Attorney General or a consumer may file a civil
suit.� The Attorney General or a consumer may seek damages of up to $500 for
each piece of content that was reported but not subsequently blocked.� The
prevailing party in the civil action may seek attorneys� fees.
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill, to be known as the
�Human Trafficking and Child Exploitation Prevention Act,� makes it an unlawful
practice under the consumer fraud act to manufacture, sell, offer for sale,
lease, or distribute a product that makes content accessible on the Internet
unless the product contains digital blocking capability that renders any
obscene material inaccessible.� Additionally, it would be an unlawful practice
for a minor to receive such a product unless the digital blocking capability is
active and properly operating.
���� Under the bill, a person who manufactures,
sells, offers for sale, leases, or distributes a product that makes content
accessible on the Internet is to:
���� (1)� make reasonable and
ongoing efforts to ensure that the digital content blocking capability
functions properly;
���� (2)� establish a reporting
mechanism, such as a website or call center, to allow a consumer to report
unblocked obscene material or report blocked material that is not obscene;
���� (3)� ensure that all child
pornography and revenge pornography is inaccessible on the product;
���� (4)� prohibit the product from
accessing any hub that facilitates prostitution; and
���� (5)� render websites that are
known to facilitate human trafficking inaccessible.
���� An unlawful practice is
punishable by a monetary penalty of not more than $10,000 for a first offense
and not more than $20,000 for any subsequent offense.� Additionally, a
violation can result in cease and desist orders issued by the Attorney General,
the assessment of punitive damages, and the awarding of treble damages and
costs to the injured.
���� The bill provides that any
digital blocking capability may be deactivated after a consumer: requests in
writing that the capability be disabled; presents identification to verify that
he or she is 18 years of age or older; acknowledges receiving a written warning
regarding the potential danger of deactivating the digital blocking capability;
and pays a one-time $20 digital access fee.� A person who manufactures, sells,
offers for sale, leases, or distributes a product that makes content accessible
on the Internet may elect to pay a $20 opt-out fee for each product that enters
this State�s stream of commerce.� The digital access fee and opt-out fee would
be collected and submitted by the manufacturer or seller to the State Treasurer
each quarter, to be forwarded to the Attorney General to help fund the
operations of the Commission on Human Trafficking.
���� If the digital blocking
capability blocks material that is not obscene and the block is reported to a
call center or reporting website, the material is to be unblocked within a
reasonable time, but no later than five business days after the block is first
reported.� A consumer may seek judicial relief to unblock filtered content.
���� The Attorney General or a
consumer may file a civil suit for any report of unblocked obscene material
that does not receive a response.� The Attorney General or consumer may seek
damages of up to $500 for each piece of content that was reported but not subsequently
blocked.� The prevailing party in the civil action may seek attorneys� fees.��