Directs referral of certain persons under 18 for determination of status as socially or economically disadvantaged youth.

A4274

ASSEMBLY, No. 4274

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Directs referral of certain persons under 18 for
determination of status as socially or economically disadvantaged youth.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning prostitution and amending N.J.S.2C:34-1 and
supplementing chapter 34 of Title 2C of the New Jersey Statutes.

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

���� 1.��� N.J.S.2C:34-1 is amended
to read as follows:

���� 2C:34-1.� Prostitution and
Related Offenses.

���� a.���� As used in this
section:

���� (1)�� "Prostitution"
is sexual activity with another person in exchange for something of economic
value, or the offer or acceptance of an offer to engage in sexual activity in
exchange for something of economic value.

���� (2)�� "Sexual
activity" includes, but is not limited to, sexual intercourse, including
genital-genital, oral-genital, anal-genital, and oral-anal contact, whether
between persons of the same or opposite sex; masturbation; touching of the
genitals, buttocks, or female breasts; sadistic or masochistic abuse and other
deviate sexual relations.

���� (3)�� "House of
prostitution" is any place where prostitution or promotion of prostitution
is regularly carried on by one person under the control, management or
supervision of another.

���� (4)�� "Promoting
prostitution" is:

���� (a)�� Owning, controlling,
managing, supervising or otherwise keeping, alone or in association with
another, a house of prostitution or a prostitution business;

���� (b)�� Procuring an inmate for
a house of prostitution or place in a house of prostitution for one who would
be an inmate;

���� (c)�� Encouraging, inducing,
or otherwise purposely causing another to become or remain a prostitute;

���� (d)�� Soliciting a person to
patronize a prostitute;

���� (e)�� Procuring a prostitute
for a patron;

���� (f)�� Transporting a person
into or within this State with purpose to promote that person's engaging in
prostitution, or procuring or paying for transportation with that purpose; or

���� (g)�� Knowingly leasing or
otherwise permitting a place controlled by the actor, alone or in association
with others, to be regularly used for prostitution or promotion of
prostitution, or failure to make a reasonable effort to abate such use by
ejecting the tenant, notifying law enforcement authorities, or other legally
available means.

���� b.��� A person commits an
offense if:

���� (1)�� The actor engages in
prostitution as a patron;

���� (2)�� The actor promotes
prostitution;

���� (3)�� The actor knowingly
promotes prostitution of a child under

18 whether or not the actor
mistakenly believed that the child was 18 years of age or older, even if such
mistaken belief was reasonable;

���� (4)�� The actor knowingly
promotes prostitution of the actor's child, ward, or any other person for whose
care the actor is responsible;

���� (5)�� The actor compels
another to engage in or promote prostitution;

���� (6)�� The actor promotes
prostitution of the actor's spouse;

���� (7)�� The actor knowingly
engages in prostitution with a person under the age of 18, or if the actor
enters into or remains in a house of prostitution for the purpose of engaging
in sexual activity with a child under the age of 18, or if the actor solicits
or requests a child under the age of 18 to engage in sexual activity. It shall
be no defense to a prosecution under this paragraph that the actor mistakenly
believed that the child was 18 years of age or older, even if such mistaken
belief was reasonable; or

���� (8)�� The actor engages in
prostitution by personally offering sexual activity in exchange for something
of economic value.

���� c.���� Grading of offenses
under subsection b.

���� (1)�� An offense under
subsection b. constitutes a crime of the first degree if the offense falls
within paragraph (3) or (4) of that subsection.

���� (2)�� An offense under
subsection b. constitutes a crime of the second degree if the offense falls
within paragraph (7) of that subsection.

���� (3)�� An offense under
subsection b. constitutes a crime of the third degree if the offense falls
within paragraph (5) or (6) of that subsection.

���� (4)�� An offense under
paragraph (2) of subsection b. constitutes a crime of the third degree if the
conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4)
of subsection a. Otherwise the offense is a crime of the fourth degree.

���� (5)�� An offense under
subsection b. constitutes a disorderly persons offense if the offense falls
within paragraph (1) of that subsection except that a second or third
conviction for such an offense constitutes a crime of the fourth degree, and a
fourth or subsequent conviction for such an offense constitutes a crime of the
third degree.� In addition, where a motor vehicle was used in the commission of
any offense under paragraph (1) of subsection b. the court shall suspend for
six months the driving privilege of any such offender who has a valid driver's
license issued by this State.� Upon conviction, the court shall immediately
collect the offender's driver's license and shall forward it, along with a
report stating the first and last day of the suspension imposed pursuant to
this paragraph, to the New Jersey Motor Vehicle Commission.

���� (6)�� An offense under
subsection b. constitutes a disorderly persons offense if the offense falls
within paragraph (8) of that subsection, except that a second or subsequent
conviction for such an offense constitutes a crime of the fourth degree.

���� d.��� Presumption from living
off prostitutes.� A person, other than the prostitute or the prostitute's minor
child or other legal dependent incapable of self-support, who is supported in
whole or substantial part by the proceeds of prostitution is presumed to be
knowingly promoting prostitution.

���� e.���� It is an affirmative
defense to prosecution for a violation of this section that, during the time of
the alleged commission of the offense, the defendant was
under 18 years of
age, was
a victim of human trafficking pursuant to section 1 of P.L.2005,
c.77

(C.2C:13-8) or compelled by another to engage in sexual activity, regardless of
the defendant's age.

���� f. (1) Any fine set forth in
N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a
conviction of a disorderly persons offense under this section shall be
collected, notwithstanding the procedures for the collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal
court administrator and paid into the municipal treasury of the municipality in
which the offense was committed.

���� (2)�� In addition to any fine,
fee, assessment, or penalty authorized under the provisions of Title 2C of the
New Jersey Statutes, a person convicted of an offense of prostitution or
related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection
b. shall be assessed a penalty of at least $10,000 but not more than $50,000,
except if the offense involved promotion of the prostitution of a child under
the age of 18, the penalty shall be at least $25,000.� All penalties provided
for in this subsection, collected as provided for the collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be 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).

(cf: P.L.2013, c.51, s.9)

���� 2.��� (New section)� a.� A
person under the age of 18 shall not be considered to commit an act of juvenile
delinquency which, under section 4 of P.L.1982, c.77 (C.2A:4A-23), would be a
violation of N.J.S.2C:34-1 if committed by an adult but shall be referred by
law enforcement to the Department of Children and Family Services for a
determination of whether the person is a �socially or economically
disadvantaged youth.�

���� b.��� As used in this act, a
�socially or economically disadvantaged youth� means shall mean those persons below
18 years of age from socially disadvantaged or lower income families and whose
conduct resulting in the referral likely stemmed from the social or economic
disadvantage.

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

STATEMENT

���� This bill would provide an
affirmative defense to any person under the age of 18 who commits an act of
juvenile delinquency which if committed by an adult would be prostitution.� The
bill is intended to address situations where disadvantaged youth are taken into
custody for conduct which stems from the person�s background, their
environment, lack of support or systemic racism or bias.

���� Under the bill, a person under
the age of 18 shall not be considered to commit an act of juvenile delinquency which,
under N.J.S.A.2A:4A-23, would be a violation of N.J.S.A.2C:34-1 if committed by
an adult but shall be referred by law enforcement to the Department of Children
and Family Services for a determination of whether the person is a �socially or
economically disadvantaged youth.�

���� Under the bill, a �socially or
economically disadvantaged youth� means shall mean those persons below 18 years
of age from socially disadvantaged or lower income families and whose conduct
resulting in the referral likely stemmed from the social or economic
disadvantage.