ASSEMBLY, No. 3382

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED OCTOBER 15, 2012

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Establishes new crimes concerning commercial exploitation of a child.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning commercial exploitation of a child, amending P.L.1994, c.133, N.J.S.2C:41-1 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. (New section) a.  A person commits the crime of promoting commercial exploitation of a child if the person knowingly sells, advertises, promotes, or otherwise offers to sell travel services or facilitates travel for the purpose of aiding another person to engage in an act:

     (1) in violation of  paragraph (7) of subsection b. of N.J.S. 2C:34-1;

     (2) in violation of section 1 of P.L.2005, c.77 (C.2C:13-8) if the victim is under the age of 18;

     (3) in violation of any provision of chapter 14 of Title 2C of the New Jersey Statutes if the victim is under the age of 18;

     (4) in violation of paragraph (3) or (4) of subsection b. of N.J.S.2C:24-4; or

     (5) which would constitute a substantially similar crime under the laws of another state or the United States.  

     b. A person commits the crime of engaging in commercial exploitation of a child if he knowingly purchases travel services for the purpose of engaging in an act:

     (1) in violation of  paragraph (7) of subsection b. of N.J.S. 2C:34-1;

     (2) in violation of section 1 of P.L.2005, c.77 (C.2C:13-8) if the victim is under the age of 18;

     (3) in violation of any provision of chapter 14 of Title 2C of the New Jersey Statutes if the victim is under the age of 18;

     (4) in violation of paragraph (3) or (4) of subsection b. of N.J.S.2C:24-4; or

     (5) which would constitute a substantially similar crime under the laws of another state or the United States.

     c. Promoting commercial exploitation of a child under subsection a. of this section constitutes a crime of the second degree.  Engaging in commercial exploitation of a child under subsection b. of this section constitutes a crime of the third degree.

 

     2. Section 2 of P.L.1994, c.133 (C.2C:7-2) is amended to read as follows:  

     2. a. (1) A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of this section shall register as provided in subsections c. and d. of this section.

     (2)   A person who in another jurisdiction is required to register as a sex offender and (a) is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school, or (b) is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall register in this State as provided in subsections c. and d. of this section.

     (3)   A person who fails to register as required under this act shall be guilty of a crime of the third degree.

     b.    For the purposes of this act a sex offense shall include the following:

     (1)   Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;

     (2)   A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; engaging in commercial exploitation of children pursuant to subsection b. of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as section 1 of this bill); or an attempt to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this act or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this act;

     (3)   A conviction, adjudication of delinquency or acquittal by reason of insanity for an offense similar to any offense enumerated in paragraph (2) or a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of this subsection entered or imposed under the laws of the United States, this State or another state.

     c.     A person required to register under the provisions of this act shall do so on forms to be provided by the designated registering agency as follows:

     (1)   A person who is required to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program, shall register at the time the person is placed under supervision or no later than 120 days after the effective date of this act, whichever is later, in accordance with procedures established by the Department of Corrections, the Department of Human Services, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or the Administrative Office of the Courts, whichever is responsible for supervision;

     (2)   A person confined in a correctional or juvenile facility or involuntarily committed who is required to register shall register prior to release in accordance with procedures established by the Department of Corrections, the Department of Human Services or the Juvenile Justice Commission and, within 48 hours of release, shall also register with the chief law enforcement officer of the municipality in which the person resides or, if the municipality does not have a local police force, the Superintendent of State Police;

     (3)   A person moving to or returning to this State from another jurisdiction shall register with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police within 120 days of the effective date of this act or 10 days of first residing in or returning to a municipality in this State, whichever is later;

     (4)   A person required to register on the basis of a conviction prior to the effective date who is not confined or under supervision on the effective date of this act shall register within 120 days of the effective date of this act with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police;

     (5)   A person who in another jurisdiction is required to register as a sex offender and who is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school shall, within ten days of commencing attendance at such educational institution, register with the chief law enforcement officer of the municipality in which the educational institution is located or, if the municipality does not have a local police force, the Superintendent of State Police;

     (6)   A person who in another jurisdiction is required to register as a sex offender and who is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall, within ten days after commencing such employment or vocation, register with the chief law enforcement officer of the municipality in which the employer is located or where the vocation is carried on, as the case may be, or, if the municipality does not have a local police force, the Superintendent of State Police;

     (7)   In addition to any other registration requirements set forth in this section, a person required to register under this act who is enrolled at, employed by or carries on a vocation at an institution of higher education or other post-secondary school in this State shall, within ten days after commencing such attendance, employment or vocation, register with the law enforcement unit of the educational institution, if the institution has such a unit.

     d.    (1) Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and shall re-register with the appropriate law enforcement agency no less than 10 days before he intends to first reside at his new address. Upon a change of employment or school enrollment status, a person shall notify the appropriate law enforcement agency no later than five days after any such change.  A person who fails to notify the appropriate law enforcement agency of a change of address or status in accordance with this subsection is guilty of a crime of the fourth degree.

     (2)   A person required to register under this act shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with Internet capability. A person who fails to notify the appropriate law enforcement agency of such information or of a change in the person's access to or use of a computer or other device with Internet capability or who provides false information concerning the person's access to or use of a computer or any other device with Internet capability is guilty of a crime of the fourth degree.

     e.     A person required to register under paragraph (1) of subsection b. of this section or under paragraph (3) of subsection b. due to a sentence imposed on the basis of criteria similar to the criteria set forth in paragraph (1) of subsection b. shall verify his address with the appropriate law enforcement agency every 90 days in a manner prescribed by the Attorney General.  A person required to register under paragraph (2) of subsection b. of this section or under paragraph (3) of subsection b. on the basis of a conviction for an offense similar to an offense enumerated in paragraph (2) of subsection b. shall verify his address annually in a manner prescribed by the Attorney General.  One year after the effective date of this act, the Attorney General shall review, evaluate and, if warranted, modify pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the verification requirement.  Any person who knowingly provides false information concerning his place of residence or who fails to verify his address with the appropriate law enforcement agency or other entity, as prescribed by the Attorney General in accordance with this subsection, is guilty of a crime of the fourth degree.

     f.     Except as provided in subsection g. of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.

     g.     A person required to register under this section who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense as defined in subsection b. of this section or who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this section to make application to the Superior Court of this State to terminate the registration obligation.

(cf: P.L.2007, c.219, s.2)

 

     3.  N.J.S.2C:41-1 is amended to read as follows:

     2C:41-1. For purposes of this section and N.J.S.2C:41-2 through N.J.S.2C:41-6:

     a.     "Racketeering activity" means (1) any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:

     (a)   murder

     (b)   kidnapping

     (c)   gambling

     (d)   promoting prostitution

     (e)   obscenity

     (f)    robbery

     (g)   bribery

     (h)   extortion

     (i)    criminal usury

     (j)    violations of Title 33 of the Revised Statutes

     (k)   violations of Title 54A of the New Jersey Statutes and Title 54 of the Revised Statutes

     (l)    arson

     (m)  burglary

     (n)   theft and all crimes defined in chapter 20 of Title 2C of the New Jersey Statutes

     (o)   forgery and fraudulent practices and all crimes defined in chapter 21 of Title 2C of the New Jersey Statutes

     (p)   fraud in the offering, sale or purchase of securities

     (q)   alteration of motor vehicle identification numbers

     (r)    unlawful manufacture, purchase, use or transfer of firearms

     (s)   unlawful possession or use of destructive devices or explosives

     (t)    violation of sections 112 through 116 inclusive of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116)

     (u)   violation of N.J.S.2C:35-4, N.J.S.2C:35-5 or N.J.S.2C:35-6 and all crimes involving illegal distribution of a controlled dangerous substance or controlled substance analog, except possession of less than one ounce of marijuana

     (v)   violation of subsection b. of N.J.S.2C:24-4 except for subparagraph (b) of paragraph (5) of subsection b.

     (w)  violation of section 1 of P.L.1995, c.405 (C.2C:39-16), leader of firearms trafficking network

     (x)   violation of section 1 of P.L.1983, c.229 (C.2C:39-14), weapons training for illegal activities

     (y)   violation of section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism

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

     (aa) violation of N.J.S.2C:12-1 requiring purposeful or knowing conduct

     (bb) violation of N.J.S.2C:12-3, terroristic threats

     (cc) violation of section 1 of P.L.    , c.     (C.       ) (pending before the Legislature as section 1 of this bill), commercial exploitation of a child.

     (2)   any conduct defined as "racketeering activity" under Title 18, U.S.C.s.1961(1)(A), (B) and (D).

     b.    "Person" includes any individual or entity or enterprise as defined herein holding or capable of holding a legal or beneficial interest in property.

     c.     "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business or charitable trust, association, or other legal entity, any union or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.

     d.    "Pattern of racketeering activity" requires:

     (1)   Engaging in at least two incidents of racketeering conduct one of which shall have occurred after the effective date of this act and the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and

     (2)   A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.

     e.     "Unlawful debt" means a debt:

     (1)   Which was incurred or contracted in gambling activity which was in violation of the law of the United States, a state or political subdivision thereof; or

     (2)   Which is unenforceable under state or federal law in whole or in part as to principal or interest because of the laws relating to usury.

     f.     "Documentary material" includes any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic or recording or video tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form or other tangible item.

     g.     "Attorney General" includes the Attorney General of New Jersey, his assistants and deputies.  The term shall also include a county prosecutor or his designated assistant prosecutor if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.

     h.     "Trade or commerce" shall include all economic activity involving or relating to any commodity or service.

(cf: P.L.2007, c.341, s.4)

 

     4.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would establish the new crimes of promoting commercial exploitation of a child and engaging in commercial exploitation of a child.

     A person would be guilty of promoting commercial exploitation of a child if he knowingly sells, advertises, promotes, or otherwise offers to sell travel services or facilitates travel for the purpose of another person engaging in: (1) prostitution with a person under the age of 18 or entering or remaining in a house of prostitution for the purposes of engaging in sexual activity with a person under the age of 18 or soliciting or requesting a person under the age of 18 to engage in sexual activity; (2) human trafficking where the victim is under the age of 18; (3) a violation of any sexual offenses where the victim is under the age of 18; (4) endangering the welfare of a child by engaging in prohibited sexual activity or by photographing or filming a child in a prohibited sexual activity; or (5) any act which  would constitute a substantially similar crime under the laws of another state or the United States.

     Promoting the commercial exploitation of a child would constitute a crime of the second degree, punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.

     A person would be guilty of engaging in commercial exploitation of a child, if he knowingly purchases travel services for the purpose of engaging in any of the above acts.  Engaging in commercial exploitation of a child would constitute a crime of the third degree, punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

     The bill amends “Megan’s Law” to require persons convicted of engaging in commercial exploitation of a child to register as sex offenders.  In addition, the bill adds commercial exploitation of a child to the enumerated offenses under RICO (Racketeering statute).