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A2767 TR
ASSEMBLY, No. 2767
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ANDREA KATZ
District 8 (Atlantic and Burlington)
Assemblywoman MITCHELLE DRULIS
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblywoman Peterpaul, Assemblymen Stanley, Hutchison,
Assemblywomen Murphy, Speight, Bagolie, Assemblymen Freiman, Miller and
Karabinchak
SYNOPSIS
���� Modifies child endangerment statute to include AI
technology; establishes criminal penalties.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Science, Innovation and
Technology Committee with technical review.
��
An Act
concerning child endangerment, and amending
N.J.S.2C:24-4.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� N.J.S.2C:24-4 is amended
to read as follows:
���� 2C:24-4.���� Endangering
Welfare of Children.
���� a.� (1)�
(a)
� Any
person having a legal duty for the care of a child or who has assumed
responsibility for the care of a child who engages in sexual conduct which
would impair or debauch the morals of the child is guilty of a crime of the
second degree.� Any other person who engages in conduct or who causes harm as
described in this paragraph to a child is guilty of a crime of the third degree
,
except as provided in subparagraph (b) of this paragraph
.
����
(b) �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.�
����
It shall not be a violation
of this subparagraph if the automated interactive computer technology is
designed to refrain from sexual conduct when interacting with a child.
���� (2)�� Any person having a
legal duty for the care of a child or who has assumed responsibility for the
care of a child who causes the child harm that would make the child an abused
or neglected child as defined in R.S.9:6-1, R.S.9:6-3, and section 1 of P.L.1974,
c.119 (C.9:6-8.21) is guilty of a crime of the second degree.� Any other person
who engages in conduct or who causes harm as described in this paragraph to a
child is guilty of a crime of the third degree.
���� b.� (1)� As used in this
subsection:
���� �Child� means any person under
18 years of age.
���� �Distribute� means to sell, or
to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate,
disseminate, present, exhibit, display, share, advertise, offer, or make
available via the Internet or by any other means, whether for pecuniary gain or
not.� The term also includes an agreement or attempt to distribute.
���� �File-sharing program� means a
computer program, application, software, or operating system that allows the
user of a computer on which such program, application, software, or operating
system is installed to designate files as available for searching by and
copying to one or more other computers, to transmit such designated files
directly to one or more other computers, and to request the transmission of
such designated files directly from one or more other computers.� The term
�file-sharing program� includes but is not limited to a computer program,
application, or software that enables a computer user to participate in a
peer-to-peer network.
���� �Internet� means the
international computer network of both federal and non-federal interoperable
packet switched data networks.
���� �Item depicting the sexual
exploitation or abuse of a child� or �child sexual abuse or exploitation
material� or �CSAEM� means a photograph, film, video, an electronic,
electromagnetic, or digital recording, an image stored or maintained in a
computer program or file or in a portion of a file, or any other reproduction
or reconstruction which:
���� (a)�� depicts a child engaging
in a prohibited sexual act or in the simulation of such an act; or
���� (b)�� portrays a child in a
sexually suggestive manner.
���� �Peer-to-peer network� means a
connection of computer systems through which files are shared directly between
the systems on a network without the need of a central server.
���� �Portray a child in a sexually
suggestive manner� means:
���� (a)�� to depict a child�s less
than completely and opaquely covered intimate parts, as defined in
N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format,
or animated sensual details, emits sensuality with sufficient impact to
concentrate prurient interest on the child; or
���� (b)�� to depict any form of
contact with a child�s intimate parts, as defined in N.J.S.2C:14-1, in a manner
that, by means of the posing, composition, format, or animated sensual details,
emits sensuality with sufficient impact to concentrate prurient interest on the
child; or
���� (c)�� to otherwise depict a
child for the purpose of sexual stimulation or gratification of any person who
may view the depiction where the depiction does not have serious literary,
artistic, political, or scientific value.
���� �Prohibited sexual act� means
���� (a)�� Sexual intercourse; or
���� (b)�� Anal intercourse; or
���� (c)�� Masturbation; or
���� (d)�� Bestiality; or
���� (e)�� Sadism; or
���� (f)�� Masochism; or
���� (g)�� Fellatio; or
���� (h)�� Cunnilingus; or
���� (i)��� Nudity, if depicted for
the purpose of sexual stimulation or gratification of any person who may view
such depiction; or
���� (j)��� Any act of sexual
penetration or sexual contact as defined in N.J.S.2C:14-1.
���� �Reproduction� means, but is
not limited to, computer generated images.
���� (2)�� (Deleted by amendment,
P.L.2001, c.291)
���� (3)�� A person commits a crime
of the first degree if the person causes or permits a child to engage in a
prohibited sexual act or in the simulation of such an act or to be portrayed in
a sexually suggestive manner if the person knows, has reason to know, or intends
that the prohibited act or portrayal may be photographed, filmed, reproduced,
or reconstructed in any manner, including on the Internet, or may be part of an
exhibition or performance.
���� (4)�� A person commits a crime
of the second degree if the person photographs or films a child in a prohibited
sexual act or in the simulation of such an act or for portrayal in a sexually
suggestive manner or who uses any device, including a computer, to reproduce or
reconstruct the image of a child in a prohibited sexual act or in the
simulation of such an act or for portrayal in a sexually suggestive manner.
���� (5) (a) A person commits a
crime if, by any means, including, but not limited to, the Internet, the
person:
���� (i)��� knowingly distributes
an item depicting the sexual exploitation or abuse of a child;
���� (ii)�� knowingly possesses an
item depicting the sexual exploitation or abuse of a child with the intent to
distribute that item; or
���� (iii)� knowingly stores or
maintains an item depicting the sexual exploitation or abuse of a child using a
file-sharing program which is designated as available for searching by or
copying to one or more other computers.
���� In a prosecution under
sub-subparagraph (iii) of this subparagraph, the State shall not be required to
offer proof that an item depicting the sexual exploitation or abuse of a child
had actually been searched, copied, transmitted, or viewed by another user of
the file-sharing program, or by any other person, and it shall be no defense
that the defendant did not intend to distribute the item to another user of the
file-sharing program or to any other person.� Nor shall the State be required
to prove that the defendant was aware that the item depicting the sexual
exploitation or abuse of a child was available for searching or copying to one
or more other computers, and the defendant shall be strictly liable for failing
to designate the item as not available for searching or copying by one or more
other computers.
���� A violation of this
subparagraph that involves 1,000 or more items depicting the sexual
exploitation or abuse of a child is a crime of the first degree; otherwise it
is a crime of the second degree.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person whose offense under this
subparagraph involved at least 25 but less than 1,000 items depicting the
sexual exploitation or abuse of a child shall be sentenced to a mandatory
minimum term of imprisonment, which shall be fixed at, or between, one-third
and one-half of the sentence imposed by the court 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:43-6, a person whose offense under this
subparagraph involved 1,000 or more items depicting the sexual exploitation or
abuse of a child shall be sentenced to a mandatory minimum term of imprisonment,
which shall be fixed at, or between, one-third and one-half of the sentence
imposed by the court or 10 years, whichever is greater, during which the
defendant shall be ineligible for parole.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent
offense under this subparagraph shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7.� For the purposes of this
subparagraph, an offense is considered a second or subsequent offense if the
actor has at any time been convicted pursuant to paragraph (3), (4), or (5) of
this subsection, or under any similar statute of the United States, this State,
or any other state for an offense that is substantially equivalent to paragraph
(3), (4), or (5) of this subsection.
���� For purposes of this
subparagraph, the term �possess� includes receiving, viewing, or having under
one�s control, through any means, including the Internet.
���� (b) (i) A person commits a
crime of the first degree if� the person knowingly possesses, knowingly views,
or knowingly has under� the person�s control, through any means, including the
Internet, 100,000 or more items depicting the sexual exploitation or abuse of a
child.
���� (ii)�� A person commits a
crime of the second degree if the person knowingly possesses, knowingly views,
or knowingly has under the person�s control, through any means, including the
Internet, at least 1,000 but less than 100,000 items depicting the sexual exploitation
or abuse of a child.
���� (iii)� A person commits a
crime of the third degree if the person knowingly possesses, knowingly views,
or knowingly has under the person�s control, through any means, including the
Internet, less than 1,000 items depicting the sexual exploitation or abuse of a
child.
���� Notwithstanding the provisions
of subsection e. of N.J.S.2C:44-1, in any instance where a person was convicted
of an offense under this subparagraph that involved 100 or more items depicting
the sexual exploitation or abuse of a child, the court shall impose a sentence
of imprisonment unless, having regard to the character and condition of the
defendant, it is of the opinion that imprisonment would be a serious injustice
which overrides the need to deter such conduct by others.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent
offense under this subparagraph shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7.� For the purposes of this
subparagraph, an offense is considered a second or subsequent offense if the
actor has at any time been convicted pursuant to paragraph (3), (4), or (5) of
this subsection, or under any similar statute of the United States, this State,
or any other state for an offense that is substantially equivalent to paragraph
(3), (4), or (5) of this subsection.
���� Nothing in this subparagraph
shall be construed to preclude or limit any prosecution or conviction for the
offense set forth in subparagraph (a) of this paragraph.
���� (6)�� For purposes of this
subsection, a person who is depicted as or presents the appearance of being
under the age of 18 in any photograph, film, videotape, computer program or
file, video game, or any other reproduction or reconstruction shall be
rebuttably presumed to be under the age of 18.� If the child who is depicted as
engaging in, or who is caused to engage in, a prohibited sexual act or
simulation of a prohibited sexual act or portrayed in a sexually suggestive
manner is under the age of 18, the actor shall be strictly liable and it shall
not be a defense that the actor did not know that the child was under the age
of 18, nor shall it be a defense that the actor believed that the child was 18
years of age or older, even if such a mistaken belief was reasonable.
���� (7)�� For aggregation
purposes, each depiction of the sexual exploitation or abuse of a child shall
be considered a separate item, provided that each depiction that is in the form
of a photograph, picture, image, or visual depiction of a similar nature shall
be considered to be one item and each depiction that is in the form of a film,
video, video-clip, movie, or visual depiction of a similar nature shall be
considered to be 10 separate items, and each individual act of distribution of
an item depicting the sexual exploitation or abuse of a child shall be
considered a separate item.� For purposes of determining the number of items
depicting the sexual exploitation or abuse of a child for purposes of
sentencing pursuant to subparagraph (a) of paragraph (5) of this subsection,
the court shall aggregate all items involved, whether the act or acts
constituting the violation occurred at the same time or at different times and,
with respect to distribution, whether the act or acts of distribution were to
the same person or several persons or occurred at different times, provided
that each individual act was committed within the applicable statute of
limitations.� For purposes of determining the number of items depicting the
sexual exploitation or abuse of a child for purposes of sentencing pursuant to
subparagraph (b) of paragraph (5) of this subsection, the court shall aggregate
all items involved, whether the possession of such items occurred at the same
time or at different times, provided that each individual act was committed
within the applicable statute of limitations.
(cf: P.L.2024, c.92, s.3)
���� 2.� This act shall take effect
immediately.