"Weston's Law"; extends crime of human trafficking to include recruiting or coercing juvenile to join gang or drug trafficking scheme.

A220

ASSEMBLY, No. 220

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Inganamort

SYNOPSIS

���� "Weston's Law"; extends crime of human
trafficking to include recruiting or coercing juvenile to join gang or drug
trafficking scheme.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning human trafficking and drug
trafficking, designated as Weston�s Law, and amending various parts of
statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 1 of P.L.2015,
c.89 (C.2A:4A-26.1) is amended to read as follows:

���� 1.� a.� A prosecutor seeking
waiver of jurisdiction of a juvenile delinquency case by the Superior Court,
Chancery Division, Family Part to an appropriate court and prosecuting
authority without the consent of the juvenile shall file a motion within 60 days
after the receipt of the complaint, which time may be extended for good cause
shown.� The motion shall be accompanied by a written statement of reasons
clearly setting forth the facts used in assessing all factors contained in
paragraph (3) of subsection c. of this section, together with an explanation as
to how evaluation of those facts support waiver for each particular juvenile.

���� b.��� At a hearing, the court
shall receive the evidence offered by the State and by the juvenile.� The State
shall provide proof to satisfy the requirements set forth in paragraphs (1) and
(2) of subsection c. of this section.� The court also shall review whether the
State considered the factors set forth in paragraph (3) of subsection c. of
this section.

���� c.���� Except as provided in
paragraph (3) of this subsection, the court shall waive jurisdiction of a
juvenile delinquency case without the juvenile�s consent and shall refer the
case to the appropriate court and prosecuting authority having jurisdiction if:

���� (1)� The juvenile was 15 years
of age or older at the time of the alleged delinquent act; and

���� (2)� There is probable cause
to believe that the juvenile committed a delinquent act which if committed by
an adult would constitute:

���� (a)� criminal homicide, other
than death by auto;

���� (b)� strict liability for
drug-induced deaths;

���� (c)� first degree robbery;

���� (d)� carjacking;

���� (e)� aggravated sexual
assault;

���� (f)� sexual assault;

���� (g)� second degree aggravated
assault;

���� (h)� kidnapping;

���� (i)� aggravated arson;

���� (j)� possession of a firearm
with a purpose to use it unlawfully against the person of another under
subsection a. of N.J.S.2C:39-4, or possession of a firearm while committing or
attempting to commit, including the immediate flight therefrom, aggravated
assault, aggravated criminal sexual contact, burglary, home invasion burglary,
residential burglary, or escape;

���� (k) a violation of
N.J.S.2C:35-3 (Leader of a Narcotics Trafficking Network);

���� (l) a violation of
N.J.S.2C:35-4 (Maintaining and Operating a CDS Production Facility);

���� (m) a violation of section 1
of P.L.1998, c.26 (C.2C:39-4.1) (Weapons Possession while Committing certain
CDS Offenses);

���� (n)
human trafficking in
violation of section 1 of P.L.2005, c.77 (C.2C:13-8);

����
(o)
an attempt or
conspiracy to commit any of the crimes enumerated in subparagraphs (a) through
(m) of this paragraph; or

����
[
(o)
]
(p) a crime committed at a time
when the juvenile previously had been sentenced and confined in an adult
correctional facility.

���� (3)� The court may deny a
motion by the prosecutor to waive jurisdiction of a juvenile delinquency case
if it is clearly convinced that the prosecutor abused his discretion in
considering the following factors in deciding whether to seek a waiver:

���� (a)� The nature and
circumstances of the offense charged;

���� (b)� Whether the offense was
against a person or property, allocating more weight for crimes against the
person;

���� (c)� Degree of the juvenile�s
culpability;

���� (d)� Age and maturity of the
juvenile;

���� (e)� Any classification that
the juvenile is eligible for special education to the extent this information
is provided to the prosecution by the juvenile or by the court;

���� (f)� Degree of criminal
sophistication exhibited by the juvenile;

���� (g)� Nature and extent of any
prior history of delinquency of the juvenile and dispositions imposed for those
adjudications;

���� (h)� If the juvenile
previously served a custodial disposition in a State juvenile facility operated
by the Youth Justice Commission, and the response of the juvenile to the
programs provided at the facility to the extent this information is provided to
the prosecution by the Youth Justice Commission;

���� (i)� Current or prior
involvement of the juvenile with child welfare agencies;

���� (j)� Evidence of mental health
concerns, substance use disorder, or emotional instability of the juvenile to
the extent this information is provided to the prosecution by the juvenile or
by the court; and

���� (k)� If there is an
identifiable victim, the input of the victim or victim's family.

���� The Attorney General may
develop for dissemination to the county prosecutors those guidelines or
directives deemed necessary or appropriate to ensure the uniform application of
this section throughout the State.

���� d.��� An order waiving
jurisdiction over a case and referring the case to the appropriate court and
prosecuting authority shall specify the alleged act upon which the referral is
based and all other delinquent acts charged against the juvenile arising out of
or related to the same transaction.

���� e.���� Testimony of a juvenile
at a hearing to determine referral under this section shall not be admissible
for any purpose in any subsequent hearing to determine delinquency or guilt of
any offense.

���� f.���� Upon waiver of
jurisdiction and referral to the appropriate court and prosecuting authority
having jurisdiction:

���� (1)� The case shall proceed as
if it originated in that court and shall be subject to the sentencing
provisions available to that court; provided, however, upon conviction for any
offense which is subject to waiver pursuant to paragraph (2) of subsection c.
of this section, there shall be a presumption that the juvenile shall serve any
custodial sentence imposed in a State juvenile facility operated by the Youth
Justice Commission until the juvenile reaches the age of 21, except that:

���� (a)� a juvenile who has not
reached the age of 21 may, in the discretion of the Youth Justice Commission,
be transferred to the Department of Corrections in accordance with the plan
established pursuant to subsection e. of section 7 of P.L.1995, c.284 (C.52:17B-175)
and regulations adopted pursuant to that section; and

���� (b) a juvenile who has reached
or exceeds the age of 21 may continue to serve a sentence in a State juvenile
facility operated by the Youth Justice Commission in the discretion of the
Youth Justice Commission and if the juvenile so consents; otherwise the
juvenile shall serve the remainder of the custodial sentence in a State
correctional facility;

���� (2) If a juvenile is not
convicted of an offense set forth in paragraph (2) of subsection c. of this
section, a conviction for any other offense shall be deemed a juvenile
adjudication and be remanded to the Superior Court, Chancery Division, Family
Part for disposition, in accordance with the dispositional options available to
that court and all records related to the act of delinquency shall be subject
to the provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60);

���� (3)� With the consent of the
defense and the prosecutor, at any point in the proceedings subsequent to the
decision ordering waiver the court may remand to the Superior Court, Chancery
Division, Family Part if it appears that:

���� (a)� the interests of the
public and the best interests of the juvenile require access to programs or
procedures uniquely available to that court; and

���� (b)� the interests of the
public are no longer served by waiver.

���� g.��� (1) The Youth Justice
Commission, in consultation with the Attorney General, shall establish a
program to collect, record, and analyze data regarding waiver of jurisdiction
of a juvenile delinquency case by the Superior Court, Chancery Division, Family
Part to an appropriate court and prosecuting authority.� In furtherance of this
program, the Youth Justice Commission shall, in cooperation with the
Administrative Office of the Courts, Attorney General, and county prosecutors,
collect data related to the decision to seek waiver of jurisdiction of a
juvenile delinquency case, which shall include but not be limited to data
concerning:

���� (a)� youth demographics,
including age, gender, race, and ethnicity;

���� (b)� case characteristics,
including the degree of the offense waived, the degree of the offense
convicted, and the final court resolution;

���� (c)� case processing times;
and

���� (d)� waiver rates by race and
ethnicity.

���� (2)� The commission shall
prepare and publish on its Internet website biennial reports summarizing the
data collected, recorded, and analyzed pursuant to paragraph (1) of this
subsection.

���� (3)� The commission shall,
pursuant to section 2 of P.L. 1991, c.164 (C.52:14-19.1), biennially prepare
and transmit to the Governor and the Legislature the reports required in
paragraph (2) of this subsection, along with any recommendations the commission
may have for legislation concerning waiver of jurisdiction of juvenile
delinquency cases.

(cf: P.L.2025, c.35, s.3)

���� 2.� N.J.S.2C:13-5 is amended
to read as follows:

���� 2C:13-5.� Criminal Coercion.

���� a.���� Offense defined. A
person is guilty of criminal coercion if, with purpose unlawfully to restrict
another�s freedom of action to engage or refrain from engaging in conduct, he
threatens to:

���� (1)�� Inflict bodily injury on
anyone or commit any other offense, regardless of the immediacy of the threat;

���� (2)�� Accuse anyone of an
offense;

���� (3)�� Expose any secret which
would tend to subject any person to hatred, contempt or ridicule, or to impair
his credit or business repute;

���� (4)�� Take or withhold action
as an official, or cause an official to take or withhold action;

���� (5)�� Bring about or continue
a strike, boycott or other collective action, except that such a threat shall
not be deemed coercive when the restriction compelled is demanded in the course
of negotiation for the benefit of the group in whose interest the actor acts;

���� (6)�� Testify or provide
information or withhold testimony or information with respect to another�s
legal claim or defense; or

���� (7)�� Perform any other act
which would not in itself substantially benefit the actor but which is
calculated to substantially harm another person with respect to his health,
safety, business, calling, career, financial condition, reputation
,
education, employment, child custody,
or personal
or family

relationships.

���� It is an affirmative defense
to prosecution based on paragraphs (2), (3), (4), (6) and (7) that the actor
believed the accusation or secret to be true or the proposed official action
justified and that his purpose was limited to compelling the other to behave in
a way reasonably related to the circumstances which were the subject of the
accusation, exposure or proposed official action, as by desisting from further
misbehavior, making good a wrong done, or refraining from taking any action or
responsibility for which the actor believes the other disqualified.

���� b.��� Grading. Criminal
coercion is a crime of the fourth degree unless the threat is to commit a crime
more serious than one of the fourth degree or the actor�s purpose is criminal,
in which cases the offense is a crime of the third degree.

(cf: P.L.2015, c.98, s.3)

���� 3.� Section 1 of P.L.2005,
c.77 (C.2C:13-8) is amended to read as follows:

���� 1.��� Human trafficking. a. A
person commits the crime of human trafficking if he:

���� (1)�� knowingly
coerces,

holds, recruits, lures, entices, harbors, transports, provides or obtains, by
any means, another, to engage in sexual activity as defined in paragraph (2) of
subsection a. of N.J.S.2C:34-1 or to provide labor or services
, including
but not limited to labor or services for a criminal street gang as defined in
section 1 of P.L.2007, c.341 (C.2C:33-29) or in furtherance of racketeering
activity as defined in N.J.S.2C:41-1
:

���� (a)�� by causing or
threatening to cause serious bodily harm or physical restraint against the
person or any other person;

���� (b)�� by means of any scheme,
plan, or pattern intended to cause the person to believe that the person or any
other person would suffer serious bodily harm or physical restraint;

���� (c)�� by committing a
violation of
section 1 of P.L.1992, c.209 (C.2C:12-10);
N.J.S.2C:13-5
;
section 1 of P.L.2003, c.206 (C.2C:14-9); section 1 of P.L.2023, c.45
(C.2C:14-9.1); or N.J.S.2C:20-5
against the person;

���� (d)�� by destroying,
concealing, removing, confiscating, or possessing any passport,
immigration-related document as defined in section 1 of P.L.1997, c.1
(C.2C:21-31), or other document issued by a governmental agency to any person
which could be used as a means of verifying the person�s identity or age or any
other personal identifying information;

���� (e)�� by means of the abuse or
threatened abuse of the law or legal process;

���� (f)�� by means of fraud,
deceit, or misrepresentation against the person; or

���� (g)�� by facilitating access
to a controlled dangerous substance or controlled substance analog as set forth
in chapter 35 of Title 2C of the New Jersey Statutes; or

���� (2)�� receives anything of
value from participation as an organizer, supervisor, financier or manager in a
scheme or course of conduct which violates paragraph (1) of this subsection; or

���� (3)�� knowingly
coerces,

holds, recruits, lures, entices, harbors, transports, provides or obtains, by
any means, a child under 18 years of age, to engage in sexual activity as
defined in paragraph (2) of subsection a. of N.J.S.2C:34-1,
to commit a
criminal offense in violation of section 1 of P.L.1988, c.102 (C.2C:24-9), to
participate in a criminal street gang in violation of section 1 of P.L.1999,
c.160 (C.2C:33-28), or to participate in a drug distribution scheme in
violation of N.J.S.2C:35-6,
whether or not the actor mistakenly believed
that the child was 18 years of age or older, even if that mistaken belief was
reasonable.

���� b.��� An offense under this
section constitutes a crime of the first degree.

���� c.���� It is an affirmative
defense to prosecution for a violation of this section that, during the time of
the alleged commission of the offense of human trafficking created by this
section, the defendant was a victim of human trafficking.

���� d.��� Notwithstanding the
provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of
the first degree under paragraph (2) or (3) of subsection a. of this section
shall be either a term of 20 years during which the actor shall not be eligible
for parole, or a specific term between 20 years and life imprisonment, of which
the actor shall serve 20 years before being eligible for parole.�
Notwithstanding the provisions of N.J.S.2C:43-3, the sentence for a conviction
for a crime of the first degree under this section shall include a fine in an
amount of not less than $25,000, which shall be collected as provided for the
collection of fines and restitutions in section 3 of P.L.1979, c.396
(C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in
the �Human Trafficking Survivor�s Assistance Fund� established by section 2 of
P.L.2013, c.51 (C.52:17B-238).

���� e.���� In addition to any
other disposition authorized by law, any person who violates the provisions of
this section shall be ordered to make restitution to any victim.� The court
shall award to the victim restitution which is the greater of:

���� (1)�� the gross income or
value to the defendant of the victim�s labor or services; or

���� (2)�� the value of the
victim�s labor or services as determined by the �New Jersey Prevailing Wage
Act,� P.L.1963, c.150 (C.34:11-56.25 et seq.), the �New Jersey State Wage and
Hour Law,� P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act,
P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child
labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable
State law, and the �Fair Labor Standards Act of 1938,� 29 U.S.C. s.201 et seq.,
or any other applicable federal law.

(cf: P.L.2013, c.51, s.3)

���� 4.� Section 1 of P.L.2007,
c.341 (C.2C:33-29) is amended to read as follows:

���� 1.� a.� A person is guilty of
the crime of gang criminality if, while knowingly involved in criminal street
gang activity, he commits, attempts to commit, or conspires to commit, whether
as a principal or an accomplice, any crime specified in chapters 11 through 18,
20, 33, 35 or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1;
N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1);
N.J.S.2C:39-5; or N.J.S.2C:39-9.� A crime is committed while involved in a
criminal street gang related activity if the crime was committed for the
benefit of, at the direction of, or in association with a criminal street gang.

���� �Criminal street gang� means
three or more persons associated in fact.� Individuals are associated in fact
if: (1) two of the following seven criteria that indicate criminal street gang
membership apply: (a) self-proclamation; (b) witness testimony or official
statement; (c) written or electronic correspondence; (d) paraphernalia or
photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of
street gang activity; and (2) individually or in combination with other members
of a criminal street gang, while engaging in gang related activity, have
committed or conspired or attempted to commit, within the preceding five years
from the date of the present offense, excluding any period of imprisonment, one
or more offenses on separate occasions of robbery, carjacking, aggravated
assault, assault, aggravated sexual assault, sexual assault, arson, burglary,
kidnapping, extortion, tampering with witnesses and informants
, human
trafficking, a violation of paragraph (1) of subsection a. of section 5 of P.L.2013,
c.51 (C.2C:13-9),
or a violation of chapter 11, section
s
3, 4, 5, 6,
or 7 of chapter 35
,
or chapter 39 of Title 2C of the New Jersey
Statutes.

���� b.��� Grading. Gang
criminality is a crime of one degree higher than the most serious underlying
crime referred to in subsection a. of this section, except that where the
underlying crime is a crime of the first degree, gang criminality is a first
degree crime and the defendant, upon conviction, and notwithstanding the
provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, shall be
sentenced to an ordinary term of imprisonment between 15 and 30 years.� A
sentence imposed upon conviction of the crime of gang criminality shall be
ordered to be served consecutively to the sentence imposed upon conviction of
any underlying offense referred to in subsection a. of this section.

(cf: P.L.2007, c.341, s.1)

���� 5.� N.J.S.2C:35-6 is amended
to read as follows:

���� 2C:35-6. Employing a Juvenile
in a Drug Distribution Scheme.

���� Any person being at least 18
years of age who knowingly uses, solicits, directs, hires or employs a person
17 years of age or younger to violate N.J.S.2C:35-4 or subsection a. of
N.J.S.2C:35-5, is guilty of a crime of the second degree and shall, except as
provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which shall
include the imposition of a minimum term which shall be fixed at, or between,
one-third and one-half of the sentence imposed, or five years, whichever is
greater, during which the defendant shall be ineligible for parole.�
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may
also impose a fine not to exceed $500,000.00 or five times the street value of
the controlled dangerous substance or controlled substance analog involved,
whichever is greater.

���� It shall be no defense to a
prosecution under this section that the actor mistakenly believed that the
person which the actor used, solicited, directed, hired or employed was 18
years of age or older, even if such mistaken belief was reasonable.

���� Nothing in this section shall
be construed to preclude or limit a prosecution or conviction for a violation
of any offense defined in this chapter pursuant to N.J.S.2C:2-6 or any other
provision of law governing an actor�s liability for the conduct of another,
and, notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of
law, a conviction arising under this section shall not merge with a conviction
for a violation of N.J.S.2C:35-3 (leader of narcotics trafficking network),
N.J.S.2C:35-4 (maintaining or operating a CDS production facility),
N.J.S.2C:35-5 (manufacturing, distributing or dispensing),
[
or
]
N.J.S.2C:35-9
(strict liability for drug induced death)
, or section 1 of P.L.2005, c.77
(C.2C:13-8) (human trafficking)
.

(cf: P.L.1997, c.181, s.4)

���� 6.� N.J.S.2C:41-4 is amended
to read as follows:

����
2C:41-4.
a. The
Superior Court, making due provision for the rights of innocent persons, shall
have jurisdiction to prevent and restrain the acts or conduct which constitute
violations of N.J.S. 2C:41-2, by issuing appropriate orders, including, but not
limited to:

���� (1)� Ordering any person to
divest himself of any interest, direct or indirect, in any enterprise;

���� (2)� Imposing reasonable
restrictions on the future activities or investments� of any person, including
but not limited to, prohibiting any person from� engaging in the same type of
endeavor as the enterprise found to be in� violation of N.J.S. 2C:41-2;

���� (3)� Ordering the dissolution
or reorganization of any enterprise;

���� (4)� Ordering the denial,
suspension or revocation of the charter of any corporation organized under the
laws of this State and to deny, suspend or revoke the license of any foreign
corporation authorized to do business in the State of New Jersey;

���� (5)� Ordering the denial,
suspension or revocation of the license or permit granted to any enterprise by
any department or agency of the State of New Jersey;

���� (6)� Entering a cease and
desist order which specifies the acts or conduct which is to be discontinued,
altered or implemented by any person;

���� (7)� Ordering the restitution
of any moneys or property unlawfully obtained or retained by any person found
to be in violation of N.J.S. 2C:41-2;

���� (8)� Assessing civil monetary
penalties against any person who has violated N.J.S. 2C:41-2 to deter future
violations, provided that the court shall, upon making a finding on the record
as to the gain any such person has acquired or maintained through the
violation, assess such penalties in an amount not to exceed three times the
amount of the gain;
[
and
]

���� (9)� Ordering any person to
forfeit to the State any interest he has acquired or maintained in violation of
this chapter and any interest in, security of, claim against, or property or
contractual right of any kind affording a source of influence over any
enterprises he has established, operated, controlled, conducted, or
participated in the conduct of, in violation of this chapter.� Forfeiture under
this subsection shall be in accordance with chapter 64 of Title 2C of the New
Jersey Statutes.� The interest which shall be subject to forfeiture shall be as
defined by this section and as defined by
subsection a. of
N.J.S.2C:64-1
[
a.
]
;
or

���� (10)� Imposing any or all of
the foregoing sanctions in combination with each other.

���� b. The Attorney General may
institute proceedings in Superior Court for violations of N.J.S.2C:41-2.� In
any action brought under this section, the court shall proceed as soon as
practicable to the hearing and determination thereof.� Pending final determination
thereof, the court may at any time enter restraining orders or prohibitions, or
take other actions, including the acceptance of satisfactory performance bonds,
as it shall deem proper.

���� c. Any person damaged in his
business or property by reason of a violation of N.J.S.2C:41-2
, including
but not limited to a victim of human trafficking if the violation of
N.J.S.2C:41-2 involved a violation of section 1 of P.L.2005, c.77 (C.2C:13-8),

may sue therefor in any appropriate court and shall recover threefold any
damages he sustains and the cost of the suit, including a reasonable attorney�s
fee, costs of investigation and litigation.

���� d. A final judgment rendered
in favor of the State in any criminal proceeding brought under this chapter
shall estop the defendant from denying the essential allegations of the
criminal offense in any subsequent civil proceeding.

(cf: P.L.1981, c.167, s.2)

���� 7.� This act shall take effect
immediately.

STATEMENT

���� This bill, which is designated
as �Weston�s Law,� extends the crime of human trafficking, N.J.S.A.2C:13-8, to
include the recruiting or coercing of juveniles to join or serve a criminal
gang or drug trafficking scheme.�

���� Under current law, which
encompasses both labor and sex trafficking, human trafficking occurs when a
person knowingly holds, recruits, lures, entices, harbors, transports,
provides, or obtains another person, regardless of age, by any means, to engage
in sexual activity or to provide other labor or services, using methods that
include, among other things, acts that would constitute criminal coercion,
under N.J.S.A.2C:13-5, or providing the victim with access to controlled
dangerous substances (CDS).�

���� Human trafficking of a minor
occurs when a person knowingly holds, recruits, lures, entices, harbors,
transports, provides, or obtains a minor by any means to engage in sexual
activity using any method, whether or not the trafficker mistakenly believes that
the victim is 18 years of age or older.� In addition to any other legal remedy
which may be awarded by law, under N.J.S.A.2C:13-8 and N.J.S.A.2C:13-8.1, a
victim of human trafficking may be awarded civil damages and restitution in an
amount equivalent to the value of the victim�s labor or services, plus other
appropriate relief by the court.�

���� Human trafficking is also
defined as a type of racketeering activity under the State�s organized crime
statutes, N.J.S.A.2C:41-1 et seq. (also known as the State RICO law).� The
State RICO law allows the court to award triple damages to victims of racketeering
activity who bring a civil suit against a person convicted of racketeering.

���� Under the existing law
concerning the use of juveniles to commit crimes, N.J.S.A.2C:24-9, it is a
crime for a person 18 years of age or older to knowingly use, solicit, direct,
hire, employ, or conspire with a person 17 years of age or younger to commit any
crime, whether or not the adult mistakenly believed that the minor was at least
18 years of age.� Additionally, under subsection d. of N.J.S.A.2C:33-28, it is
a crime for a person to solicit, recruit, coerce, or threaten a person under 18
years of age to join or actively participate in a criminal street gang.�
Further, under N.J.S.A.2C:35-6, it is a crime for a person 18 years of age or
older to knowingly use, solicit, direct, hire, or employ a person 17 years of
age or younger in the operation of an illegal drug production facility, or in
the unlawful manufacturing, distributing, or dispensing of CDS, or to possess
CDS with intent to distribute.�

���� Under the bill, human
trafficking with respect to labor or services is defined to include, but not be
limited to, labor or services for a criminal street gang or in furtherance of
racketeering activity.� Human trafficking of a minor is defined to include, but
not be limited to, using a minor to commit a crime in violation of
N.J.S.A.2C:24-9, to participate in a criminal street gang in violation of
N.J.S.A.2C:33-28, or to participate in a drug distribution scheme in violation
of N.J.S.A.2C:35-6.� The definition of criminal street gang is amended to
include human trafficking as a type of gang related activity.

���� In addition to criminal
coercion, the bill adds other prohibited methods of inducing a victim into
trafficking to include stalking (N.J.S.A.2C:12-10), invasion of privacy
(N.J.S.A.2C:14-9), sexual extortion (N.J.S.A.2C:14-9.1), and theft by extortion
(N.J.S.A.2C:20-5).� The bill further amends the criminal coercion statute to
expand coercive threats to include not only threats to a person�s health,
safety, business, calling, career, financial condition, reputation, or personal
relationships, but also threats to a person�s education, employment, or child
custody.�

���� The bill also clarifies that a
conviction for human trafficking will not merge, for sentencing purposes, with
a conviction for employing a juvenile in a drug distribution scheme.� Finally,
the bill amends the civil damages provision of the State RICO law to clarify
that persons damaged in their business or property by racketeering activity,
who are entitled to sue a person convicted of racketeering, includes victims of
human trafficking if the racketeering activity involved human trafficking.�

���� Finally, the bill adds human
trafficking to the list of crimes for which a prosecutor may seek to waive a
juvenile up from the Family Court to adult criminal court to be tried as an
adult.

���� Through the application of
human trafficking law under the bill, it is the sponsor�s intent to provide
additional law enforcement tools to combat the exploitation of minors by the
organized illegal drug trade.

���� This bill is named in honor of
Weston Fundner, who died in 2022 at the age of 15, from a fentanyl overdose
after he was stalked by another teenager who was involved in the illegal drug
trade, and coerced into accepting and ingesting a fentanyl pill.