Requires age verification to prohibit minors from accessing sexually explicit material online.

A5305

ASSEMBLY, No. 5305

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 23, 2026

Sponsored by:

Assemblywoman� ANDREA KATZ

District 8 (Atlantic and Burlington)

SYNOPSIS

���� Requires age verification to prohibit minors from
accessing sexually explicit material online.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning obscenity and amending N.J.S.2C:34-3.

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

���� 1. N.J.S.2C:34-3 is amended to
read as follows:

���� 2C:34-3. Obscenity For Persons
Under 18.

���� a. Definitions for purposes of
this section:

���� (1) �Obscene material� means
any description, narrative account, display, depiction of a specified
anatomical area or specified sexual activity contained in, or consisting of, a
picture or other representation, publication, sound recording, live performance
,

or film, which by means of posing, composition, format
,
or animated
sensual details, emits sensuality with sufficient impact to concentrate
prurient interest on the area or activity.

���� (2) �Obscene film� means any
motion picture film or preview or trailer to a film, not including newsreels
portraying actual current events or pictorial news of the day, in which a
scene, taken by itself:

���� (a) Depicts a specified
anatomical area or specified sexual activity, or the simulation of a specified
sexual activity, or verbalization concerning a specified sexual activity; and

���� (b) Emits sensuality
sufficient, in terms of the duration and impact of the depiction, to appeal to
prurient interest.

���� (3) �Specified anatomical
area� means:

���� (a) Less than completely and
opaquely covered human genitals, pubic region, buttock
,
or female
breasts below a point immediately above the top of the areola; or

���� (b) Human male genitals in a
discernibly turgid state, even if covered.

���� (4) �Specified sexual
activity� means:

���� (a) Human genitals in a state
of sexual stimulation or arousal; or

���� (b) Any act of human
masturbation, sexual intercourse
,
or deviate sexual intercourse; or

���� (c) Fondling or other erotic
touching of covered or uncovered human genitals, pubic region, buttock
,

or female breast.

���� (5) �Knowingly� means:

���� (a) Having knowledge of the
character and content of the material or film described herein;
[
or
]

���� (b) Having failed to exercise
reasonable inspection which would disclose its character and content
; or

����
(c) Having failed to take
reasonable measures to verify that a person is at least 18 years of age,
including but not limited to performing the age verification required pursuant
to subsection f. of this section
.

���� (6) �Exhibit� means the sale
of admission to view obscene material
; or the showing of obscene material by
a sexually oriented online entity, whether or not for a fee
.

���� (7) �Show� means cause or
allow to be seen.

����
(8) �Interactive computer
service� has the meaning provided in
47 U.S.C. s.230.

����
(9) �Sexually oriented
online entity� means a person, corporation, limited liability company,
partnership, limited partnership, sole proprietorship, association, or other
legally recognized entity engaged in the business of exhibiting or showing
obscene material through the Internet or any computer or telecommunications
network.� �Sexually oriented online entity� includes the owner or operator of
an interactive computer service, including but not limited to, a website,
social media platform, file sharing platform, video platform, gaming platform,
mobile application, bulletin board system, or other Internet-connected computer
server or network, the primary purpose or substantial portion of which is to
exhibit or show obscene material; to allow individuals to share or distribute
obscene material with other individuals; or to allow individuals to generate
obscene material.

����
(10) �Substantial portion�
means, for an interactive computer service, more than one-third of its revenue
is derived from the exhibiting, showing, sale, or advertising of obscene
material; more than one-third of the total number of user accounts show obscene
material; or more than one-third of the content of any single user account
consists of the showing of obscene material.

���� b.��� Promoting obscene
material.

���� (1) A person who knowingly
sells, distributes, rents
,
or exhibits to a person under 18 years of age
obscene material is guilty of a crime of the third degree.

���� (2) A person who knowingly
shows obscene material to a person under 18 years of age with the knowledge or
purpose to arouse, gratify or stimulate himself or another is guilty of a crime
of the third degree if the person showing the obscene material is at least four
years older than the person under 18 years of age viewing the material.

���� c.���� Admitting to exhibition
of obscene film
, or exhibiting other obscene material
.

���� (1) Any person who knowingly
admits a person under 18 years of age to a theatre then exhibiting an obscene
film
, or any person who knowingly exhibits obscene material to a person
under 18 years of age,
is guilty of a crime of the third degree.

���� (2) A person who knowingly
shows an obscene film to a person under 18 years of age with the knowledge or
purpose to arouse, gratify or stimulate himself or another is guilty of a crime
of the third degree if the person showing the obscene film is at least four
years older than the person under 18 years of age viewing the film.

���� d.��� Presumption of knowledge
and age.

���� The requisite knowledge with
regard to the character and content of the film or material
[
and of the age
of the person
]

is presumed in the case of an actor who sells, distributes, rents, exhibits
,

or shows obscene material
[
to
a person under 18 years of age or admits to a film obscene for a person under
18 years of age a person who is under 18 years of age
]
, or in the case of an actor
who is a sexually oriented online entity.� The requisite knowledge with regard
to the age of a person under 18 years of age is presumed in the case of an
actor who knowingly fails to take reasonable measures to verify a person�s age,
including but not limited to performing the age verification required pursuant
to subsection f. of this section.

���� e.���� Defenses.

���� (1) It is an affirmative
defense to a prosecution under subsections b. and c. which the defendant must
prove by a preponderance of evidence that:

���� (a) The person under age 18
falsely represented in or by writing that he was age 18 or over;

���� (b) The person�s appearance
was such that an individual of ordinary prudence would believe him to be age 18
or over; and

���� (c) The sale, distribution,
rental, showing
,
or exhibition to or admission of the person was made in
good faith relying upon such written representation and appearance and in the
reasonable belief that he was actually age 18 or over.

���� (2) It is an affirmative
defense to a prosecution under subsection c. that the defendant is an employee
in a motion picture theatre who has no financial interest in that motion
picture theatre other than his wages and has no decision-making authority or responsibility
with respect to the selection of the motion picture show which is exhibited.

����
f. �Online age
verification.

����
(1) A sexually oriented
online entity located in this State or that exhibits or shows obscene material to
individuals in this State through the Internet, or any computer or
telecommunications network, shall verify that each individual that attempts to
access or view the obscene material is at least 18 years of age.

����
(2) Methods of online age
verification may include:

����
(a) Any electronic or
computerized system for driver�s license or non-driver identification
verification made available by the New Jersey Motor Vehicle Commission for use
by persons required by law to perform age verifications, provided however that
age verification performed through the New Jersey Motor Vehicle Commission
shall be compliant with all data privacy requirements imposed by the commission;

����
(b) Commercially available
third-party age verification services, provided however that a sexually
oriented online entity shall, prior to contracting with the commercial
third-party service, ensure that the commercial third-party service does not
retain, sell, transfer, or disclose any identifying information of the individual
after access has been granted to the obscene material, except to the extent
necessary for the individual to maintain access or as required by law; or

����
(c) An age verification
system developed or implemented by a sexually oriented online entity for its
own use, which may require an individual to establish an account with the
entity, provided however that a sexually oriented online entity that develops
or implements an age verification system for its own use shall not retain,
sell, transfer, or disclose any identifying information of the individual after
access has been granted to the obscene material, except to the extent necessary
for the individual to maintain access or as required by law.

����
(3) A sexually oriented
online entity performing age verification shall provide a means by which an
individual at least 18 years of age who is wrongly denied access may contact
the entity to correct the individual�s access restriction.

����
(4) A sexually oriented
online entity that violates the provisions of this subsection shall be subject
to prosecution under subsections b. and c. of this section. �In addition to any
other penalty which may be imposed, a sexually oriented online entity convicted
of violating this section shall be subject to a civil penalty of up to $50,000.

����
(5) Nothing in this section
shall
be construed to alter or negate any rights,
obligations, or immunities of an interactive computer service provider pursuant
to 47 U.S.C. s.230.

(cf: P.L.1999, c.227, s.1)

���� 2. This act shall take effect
on the first day of the third month next following enactment.

STATEMENT

���� This bill amends the State�s
obscenity law for minors to require sexually oriented online entities to
perform age verifications for sexually explicit obscene material available over
the Internet.

���� Under existing law,
N.J.S.A.2C:34-3, it is a crime of the third degree to sell, distribute, rent,
or exhibit sexually explicit obscene material to a person under 18 years of
age.� However, it is an affirmative defense that: (a) the person under age 18
falsely represented in or by writing that he was age 18 or over; (b) the
person�s appearance was such that an individual of ordinary prudence would
believe him to be age 18 or over; and (c) the sale, distribution, rental,
showing, or exhibition was made in good faith relying upon such written
representation and appearance and in the reasonable belief that the person was
actually age 18 or over.� A crime of the third degree is punishable by a term
of imprisonment of three to five years, a fine of up to $15,000, or both.�

���� The obscenity law originates
from a time before widespread use of the Internet, when sexually explicit
material was generally available only through certain retail stores, or adult
video stores, book stores, or theaters.

���� Under the bill, the obscenity
law is extended to apply to sexually oriented online entities, which are
defined as persons or entities engaged in the business of exhibiting or showing
obscene material through the Internet, and includes websites, social media
platforms, file sharing platforms, video platforms, gaming platforms, mobile
applications, bulletin board systems, and other Internet-connected networks,
the primary purpose or substantial portion of which is to exhibit or show
obscene material; to allow individuals to share or distribute obscene material
with other individuals; or to allow individuals to generate obscene material.�

���� A sexually oriented online
entity located in this State or that exhibits or shows obscene material to
individuals in this State through the Internet will be required to verify that
each individual that attempts to access or view the obscene material is at
least 18 years of age.� The bill provides that age verification may be
performed through a proprietary system developed by the entity, commercial
third-party services, or online driver�s license checks available through the
Motor Vehicle Commission, provided that certain data protections for user
privacy are followed.� A sexually oriented online entity that violates the age
verification requirement will be subject to prosecution under the obscenity law
and, if convicted, will be subject to a civil penalty of up to $50,000 in
addition to any other penalty imposed.