S2971

An Act concerning public nuisance, amending N.J.S.2C:33-12, and supplementing Title 2A 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:33-12 is amended to read as follows:

2C:33-12. A person is guilty of maintaining a nuisance when:

a. By conduct either unlawful in itself or unreasonable under all the circumstances, [he] the person knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons;

b. [He] The person knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct; or

c. [He] The person knowingly conducts or maintains any premises, place or resort as a house of prostitution or as a place where obscene material, as defined in N.J.S. 2C:34-2 and N.J.S. 2C:34-3, is sold, photographed, manufactured, exhibited or otherwise prepared or shown, in violation of N.J.S. 2C:34-2, N.J.S. 2C:34-3, and N.J.S. 2C:34-4;or

d. The person violates subsection a. of this section by distributing computer software or any other instructions to manufacture a firearm, firearm receiver, magazine, or firearm component that is manufactured or produced by a three dimensional printer.

As used in this subsection:

“Distributing” means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, disclose, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means.

“Three dimensional printer” means a machine or other device that manufactures or produces solid objects by depositing layers of material, including but not limited to plastic, pursuant to instructions that are stored and displayed in an electronic format as a digital model.

e. A person is guilty of a disorderly persons offense if the person is convicted under subsection a. or b. of this section. A person is guilty of a crime of the fourth degree if the person is convicted under subsection c. of this section. A person convicted under subsection d. of this section is guilty of a crime of the second degree.

Upon conviction under this section, in addition to the sentence authorized by this code, the court may proceed as set forth in
section N.J.S.2C:33-12.1.

(cf: P.L.1983, c.234, s.1)

2. (New section) a. In addition to any criminal prosecution brought for a violation of N.J.S.2C:33-12, whenever a nuisance of distributing computer software or any other instructions to manufacture a firearm, firearm receiver, magazine, or firearm component pursuant to subsection d. of N.J.S.2C:33-12 exists, the Attorney General may bring a civil action in the name of the State to abate the nuisance and to permanently enjoin the person from maintaining the nuisance.

b. If, after hearing, the court determines that a nuisance as defined in subsection d. of N.J.S.2C:33-12 exists, the court may enter a permanent order enjoining the defendant and any other person from further maintaining the nuisance. A civil penalty may be imposed upon the person who violates a permanent injunction issued pursuant to the provisions of this section.

3. This act shall take effect immediately.

STATEMENT

This bill clarifies that distributing computer software or any other instructions to manufacture a three dimensional printed firearm receiver, magazine, or firearm component constitutes a public nuisance under N.J.S.2C:33-12. A person who distributes this information would be guilty of a second degree crime, punishable by imprisonment for a term of five to 10 years, a fine of up to $150,000, or both.

In addition, the bill allows the Attorney General to bring a civil action for a permanent injunction against a person who distributes computer software or any other instructions to manufacture a three dimensional printed firearm receiver, magazine, or firearm component. The bill allows the court to impose a civil penalty on a person who violates the permanent injunction.