Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Criminalizes distribution of childlike sex dolls.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain prohibited acts and supplementing chapter 24 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Childlike sex doll” means an anatomically-correct doll, mannequin, or robot with the features of, or with features that resemble those of, a child, intended for use in sexual acts, which emits sensuality with sufficient impact to concentrate prurient interest on a child.
“Distribute” means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not. The term also includes an agreement or attempt to distribute.
b. A person who knowingly possesses a childlike sex doll is guilty of a crime of the third degree.
c. (1) A person who knowingly distributes a childlike sex doll is guilty of a crime of the second degree.
(2) A person convicted of a second or subsequent offense under this subsection is guilty of a crime of the first degree. For the purposes of this paragraph, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to this subsection, or under any similar statute of the United States or any other state.
d. A person who commits a violation of this section using a childlike sex doll that has been customized to resemble a specific, identifiable child is guilty of a crime of the first degree.
2. This act shall take effect immediately.
STATEMENT
This bill criminalizes the possession and distribution of childlike sex dolls. The bill defines “childlike sex doll” as “an anatomically-correct doll, mannequin, or robot with the features of, or with features that resemble those of, a child, intended for use in sexual acts, which emits sensuality with sufficient impact to concentrate prurient interest on a child.”
The bill provides that a
person who knowingly possesses a childlike sex doll would be guilty of a crime
of the third degree. 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.
Under the bill, it would be a crime of the second degree to knowingly distribute a childlike sex doll. The bill’s definition of “distribute” is identical to that in N.J.S.2C:24-4, the child pornography statute: “to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not. The term also includes an agreement or attempt to distribute.” A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.
The bill provides that a person convicted of a second or subsequent offense of distribution would be guilty of a crime of the first degree.
An offense would be considered a second or subsequent offense if the person has at any time been convicted under the bill, or under any similar statute of the United States or any other state. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years or a fine of up to $200,000 or both.
The bill also provides that a person would be guilty of a crime of the first degree if he commits an offense using a childlike sex doll that has been customized to resemble a specific, identifiable child.