"Video Game Marketplace Child Protection and Anti-Trafficking Act," creates new penalties for non-reporting of suspected human trafficking through video game marketplaces.

A4470

ASSEMBLY, No. 4470

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Assemblyman� GERRY SCHARFENBERGER

District 13 (Monmouth)

Assemblywoman� VICTORIA A. FLYNN

District 13 (Monmouth)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� �Video Game Marketplace Child Protection and
Anti-Trafficking Act,� creates new penalties for non-reporting of suspected
human trafficking through video game marketplaces.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning human trafficking committed through
video game marketplaces, amending P.L.2005, c.77 and P.L.2013, c.51, and
supplementing Title 2C of the New Jersey Statutes.

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

���� 1. 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 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:

���� (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 N.J.S.2C:13-5 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 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, whether or not the actor
mistakenly believed that the child was 18 years of age or older, even if that
mistaken belief was reasonable
; or

����
(4) knowingly recruits,
exploits, or facilitates the trafficking of a person through the use of the
Internet, an Internet connected device, a mobile telephone network, a social
media network, a gaming platform, a video game marketplace, or any other
computer network
.

���� 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)
, or
(4)
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
]

between
$100,000 and $500,000
, 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.

����
f. As used in this section:

����
�Gaming platform� means an
electronic delivery system used to launch or play an interactive game;
broadcast, transmit, record, or view the playing of an interactive game; or
otherwise allow a person to participate in the playing or viewing of an
interactive game.� Gaming platform includes systems using the Internet, an
Internet connected device, proprietary computer network, or a mobile telephone
network.� Gaming platform also includes systems through which a person may
engage in off-track wagering pursuant to the �Off-Track and Account Wagering
Act,� P.L.2001, c.199 (C.5:5-127 et seq.); Internet gaming pursuant to P.L.2013,
c.27 (C.5:12-95.17 et seq.); sports wagering pursuant to P.L.2018, c.33
(C.5:12A-10 et seq.); fantasy sports activities pursuant to section 2 of
P.L.2017, c.231 (C.5:20-2); or any game regulated by the Legalized Games of
Chance Control Commission.

����
�Video game marketplace�
means a gaming platform, or any facility, including but not limited to, a
physical commercial premises; trade exhibition, show, fair, or convention;
Internet website or Internet connected device; proprietary computer network, or
mobile telephone network, the primary business or purpose of which is to allow
or facilitate the sale, offer for sale, purchase, rental, trading, collecting, advertising,
marketing, promotion, distribution, downloading, archiving, programming, or
discussion of interactive games or the features thereof, whether or not for any
fee or remuneration.

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

���� 2. Section 5 of P.L.2013, c.51
(C.2C:13-9) is amended to read as follows:

���� 5. a. A person commits a crime
of the second degree if he:

���� (1) provides services,
resources, or assistance with the knowledge that the services, resources, or
assistance are intended to be used in furtherance of the commission of the
crime of human trafficking in violation of section 1 of P.L.2005, c.77 (C.2C:13-8).

���� (a)�� For purposes of this
paragraph, �services, resources, or assistance� shall include financial
support, business services, lodging, transportation, the provision of false
documentation or identification, equipment, facilities, or any other service or
property with a pecuniary value that exceeds $200,
or the provision of a
forum including but not limited to a gaming platform or video game marketplace operating
in violation of section 4 of P.L.��� , c.���� (C. )
(pending before the Legislature as this bill),
whether or not a person is
compensated for the services, resources, or assistance, but shall not include
humanitarian or charitable aid or services provided directly to a victim of
human trafficking.

���� (b)�� For purposes of this
paragraph, the requisite knowledge that services, resources, or assistance are
intended to be used in furtherance of the commission of the crime of human
trafficking may be inferred if the defendant was aware that a person to whom the
defendant was providing services, resources, or assistance: (i) was subject to
or subjected another to restrictions on the person�s freedom of movement, so
that the person could not leave without accompaniment of another person or was
otherwise subjected to obvious restrictions on mobility; or (ii) did not
possess or have access to any means of communication, including but not limited
to a cellular or other wireless telephone or other electronic communication
device, and was not permitted or was otherwise unable to communicate with
another person without supervision or permission; or

���� (2)�� procures or attempts to
procure a person 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, whether for
himself or another person, knowing that the person provided or to be provided
was a victim of human trafficking, or under circumstances in which a reasonable
person would conclude that there was a substantial likelihood that the person
was a victim of human trafficking.�

���� (a)�� For purposes of this
paragraph, there shall be a rebuttable presumption that the defendant knew, and
that a reasonable person would conclude there was a substantial likelihood,
that a person was a victim of human trafficking if the person: (i) could not leave
the premises where the person provided labor or services without accompaniment
of another person or was otherwise subjected to significant restrictions on the
person�s freedom of movement; or (ii) did not possess or have access to any
means of communication, including but not limited to a cellular or other
wireless telephone or other electronic communication device, and was not
permitted or was otherwise unable to communicate with another person without
supervision or permission.

���� (b)�� For the purposes of this
paragraph, there shall be a rebuttable presumption that:� (i) a person knew
that a child under the age of 18 years of age procured to engage in sexual
activity or for whom attempts were made to procure for that activity was a victim
of human trafficking; and (ii) a reasonable person would conclude that there
was a substantial likelihood that a child under the age of 18 years of age
procured to engage in sexual activity or for whom attempts were made to procure
for that activity was a victim of human trafficking.

���� b. (1) It is an affirmative
defense to prosecution for a violation of this section that, during the time of
the alleged commission of the crime, the defendant was a victim of human
trafficking.

���� (2)�� There shall be a
rebuttable presumption that a child under the age of 18 years of age charged
with a violation of this section was a victim of human trafficking.

����
(3) It is an affirmative
defense to prosecution for a violation of paragraph (1) of subsection a. of
this section that, upon actual or constructive knowledge that services,
resources, or assistance are being used, or are intended to be used, in
furtherance of the crime of human trafficking, the provider of the services,
resources, or assistance took prompt and affirmative action to: (a) report the
human trafficking activity to law enforcement; and (b) prevent the future
misuse of services, resources, or assistance in furtherance of human
trafficking.

���� c. (1) Notwithstanding any
provision of law to the contrary, a person convicted for a violation of this
section shall be sentenced to a term of imprisonment, which shall include a
period of parole ineligibility of one-third to one-half of the term of imprisonment
imposed or three years, whichever is greater.� Notwithstanding the provisions
of N.J.S.2C:43-3, the sentence for a conviction under this section shall
include a fine in an amount of not less than
[
$15,000
]

$50,000
,
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).

���� (2)�� Additionally, upon a
finding of guilt or entry of a guilty plea for a crime described under this
section, the court shall direct any issuing State, county, or municipal
governmental agency to revoke any license, permit, certificate, approval,
registration, charter, or similar form of business or professional
authorization required by law concerning the operation of that person�s
business or profession, if that business or profession was used in the course
of the crime.

���� d.��� Nothing in this section
shall be construed to preclude, or limit in any way, the prosecution and
conviction for any other offense, including prosecution and conviction pursuant
to section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking, N.J.S.2C:34-1,
prostitution and related offenses, and N.J.S.2C:2-6, liability for another�s
conduct.

(cf: P.L.2013, c.51, s.5)

���� 3. Section 12 of P.L.2013,
c.51 (C.2C:13-10) is amended to read as follows:

���� 12. a. The Legislature finds
and declares that:

���� (1)�� There reportedly are
more than 12 million victims of human trafficking and it is estimated that this
figure could actually be as high as 27 million;

���� (2)�� According to the
National Center for Missing and Exploited Children, at least 100,000 human
trafficking victims are American children who are an average age of 13 years
old;

���� (3)�� Advertisements for
selling the services of girls as escorts on Internet websites falsely claim
that these girls are 18 years of age or older, when the girls actually are
minors;

���� (4)�� The advertising of these
escort services includes minors who are being sold for sex, which constitutes
sex trafficking and commercial sexual abuse of minors;

���� (5)�� Responding to political
and public outcry, the Internet website craigslist.com removed its escort
section, but another website with an escort section, backpage.com, has to date
refused to do so;

���� (6)�� The states of Washington
and Connecticut recently enacted laws to require Internet websites, such as
backpage.com, and the patrons who advertise on websites, to maintain
documentation that they have proved the age of the escorts presented in the
advertisements;

���� (7)�� The State of New Jersey
criminalized human trafficking in 2005; and

���� (8)�� Sex trafficking of
minors should be eliminated in conformity with federal laws prohibiting the
sexual exploitation of children.

���� b.��� A person commits the
offense of advertising commercial sexual abuse of a minor if:

���� (1)�� the person knowingly
publishes, disseminates, or displays, or causes directly or indirectly, to be
published, disseminated, or displayed, any advertisement for a commercial sex
act, which is to take place in this State and which includes the depiction of a
minor; or

���� (2)�� the person knowingly
purchases advertising in this State for a commercial sex act which includes the
depiction of a minor.

���� c.���� A person who commits
the offense of advertising commercial sexual abuse of a minor as established in
subsection b. of this section is guilty of a crime of the first degree.�
Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for an
offense under this section shall be a fine of
[
at
least $25,000
]

between $100,000 and $500,000
, 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).

���� d.��� Nothing in this section
shall preclude an indictment and conviction for any other offense defined by
the laws of this State.

���� e.���� For the purposes of
this section:

���� �Advertisement for a
commercial sex act� means any advertisement or offer in electronic or print
media, including the Internet,
or a gaming platform or video game
marketplace as those terms are defined in section 1 of P.L.2005, c.77
(C.2C:13-8),
which includes either an explicit or implicit offer for a
commercial sex act to occur in this State.

���� �Commercial sex act� means any
act of sexual contact or sexual penetration, as defined in N.J.S.2C:14-1, or
any prohibited sexual act, as defined in N.J.S.2C:24-4, for which something of
value is given or received by any person.

���� �Depiction� means any
photograph or material containing a photograph or reproduction of a photograph.

���� �Minor� means a person who is
under 18 years of age.

���� �Photograph� means a print,
negative, slide, digital image, motion picture, or videotape, and includes
anything tangible or intangible produced by photographing.

���� f.���� It shall not be a
defense to a violation of this section that the defendant:

���� (1)�� did not know the age of
the minor depicted in the advertisement; or

���� (2)�� claims to know the age
of the person depicted, unless there is appropriate proof of age obtained and
produced in accordance with subsections g. and h. of this section.

���� g.��� It shall be a defense to
a violation of this section that the defendant made a reasonable, bona fide
attempt to ascertain the true age of the minor depicted in the advertisement by
requiring, prior to publication, dissemination, or display of the advertisement,
production of a driver�s license, marriage license, birth certificate, or other
governmental or educational identification card or paper of the minor depicted
in the advertisement and did not rely solely on oral or written representations
of the minor�s age, or the apparent age of the minor as depicted.� The
defendant shall prove the defense established in this subsection by a
preponderance of the evidence.

���� h.��� The defendant shall
maintain and, upon request, produce a record of the identification used to
verify the age of the person depicted in the advertisement.

(cf: P.L.2013, c.51, s.12)

���� 4. (New section) a. Any gaming
platform or video game marketplace, as those terms are defined in section 1 of
P.L.2005, c.77 (C.2C:13-8), that does business in, is based in, or operates
from this State, or is otherwise accessible to residents in this State, shall:

���� (1) adopt a written policy to
prevent the use of the gaming platform or video game marketplace in furtherance
of the commission of the crime of human trafficking, which shall, at minimum:

���� (a) be publicly and
conspicuously available;

���� (b) include procedures for
moderating or reporting content that promotes human trafficking activity;

���� (c) include procedures for
responding to suspected cases of human trafficking and the reporting of
suspected cases to law enforcement agencies within 24 hours;

���� (d) include procedures for the
preservation of evidence of suspected or reported human trafficking, in
furtherance of a law enforcement investigation; and

���� (e) include procedures for
providing users of the gaming platform or video game marketplace with
information on how to contact the National Human Trafficking Hotline;

���� (2) annually review and update,
as necessary, the policy required pursuant to paragraph (1) of this subsection,
and send a copy of the policy annually to the Commission on Human Trafficking
established pursuant to section 1 of P.L.2013, c.51 (C.52:17B-237); and

���� (3) take reasonable measures
to ensure the effective implementation of the policy required pursuant to
paragraph (1) of this subsection, and continuing compliance therewith, across
the entirety of the gaming platform or video game marketplace.

���� b. The owner, operator,
employee, or agent of any gaming platform or video game marketplace that does
business in, is based in, or operates from this State, or is otherwise
accessible to residents in this State, shall report suspected human trafficking
activity to law enforcement within 24 hours of discovery of the suspected
activity.

���� c. Any gaming platform or
video game marketplace, or the owner, operator, employee, or agent thereof, who,
in compliance with the requirements of subsection a. of this section, acts
reasonably and in good faith to report human trafficking activity to law
enforcement pursuant to subsection b. of this section, shall be immune from
civil or criminal liability for so acting.

���� d. (1) Any gaming platform or
video game marketplace which violates the provisions of this section shall be
liable to a civil penalty of not more than $20,000 for each violation.� The
civil penalty shall be collected pursuant to the �Penalty Enforcement Law of
1999,� P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding by the
Division of Consumer Affairs in the Department of Law and Public Safety before
the Superior Court.

���� (2) A gaming platform or video
game marketplace found to have committed more than two violations of this
section within any two-year period shall be deemed a public nuisance, and shall
be subject to any applicable civil or criminal action under State law to abate
a nuisance.

���� (3) An action under paragraph
(1) of this subsection to enforce the provisions of this section shall be in
addition to, and shall not preclude, any civil action which may be brought
pursuant to section 4 of P.L.2013, c.51 (C.2C:13-8.1) or any enforcement action
by a State agency that has issued a license, permit, certificate, or
registration to the gaming platform or video game marketplace.

���� 5. This act shall take effect
on the first day of the third month next following enactment, except that the Attorney
General may take such anticipatory action as may be necessary for the timely
implementation of this act.

STATEMENT

���� This bill addresses the use of
video game marketplaces to commit human trafficking and commercial sex abuse of
children.

���� The bill establishes that
knowingly using a video game marketplace to conduct or facilitate human
trafficking is a crime of the first degree with a mandatory minimum.�
Similarly, knowingly using a video game marketplace to conduct or facilitate
child abuse crimes is a crime of the first degree with the same sentencing
structure.� A crime of the first degree is ordinarily punishable by ten to 20
years of imprisonment, a fine of up to $200,000, or both.� However, the bill
imposes a fine of between $100,000 and $500,000.

���� The bill defines �video game
marketplace� broadly to include posting listings, using communication systems,
using transaction mechanisms, employing coded language, and any other use of
the marketplace to facilitate these crimes.� The definitions ensure that
criminals cannot evade prosecution by disguising trafficking or abuse as
legitimate video game commerce.

���� A second-degree offense is
created for persons who own or operate video game marketplaces and knowingly
permit or recklessly fail to prevent these crimes after receiving notice that
the platform is being misused.� This provision includes an affirmative defense
for operators who take prompt action to address reported problems.� A crime of
the second degree is punishable by five to ten years of imprisonment, a fine of
up to $150,000, or both.

���� The bill also requires video
game companies to report suspected violations within 24 hours and preserve
evidence, with civil penalties for non-compliance and immunity for good faith
reporting.� Continual non-compliance would result in the banning of said video
game company�s e-commerce from being allowed within this State.

���� In response to emerging
evidence that criminals are exploiting these platforms to victimize children
and adults, this legislation provides law enforcement with powerful new tools
to combat an emerging form of criminal exploitation while protecting victims
and holding both individual criminals and negligent platform operators
accountable.� The enhanced penalties reflect the severity of exploiting
platforms frequented by children and the difficulty of detecting and
prosecuting these technologically facilitated crimes.