ASSEMBLY, No. 953

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman FELICE and Assemblywoman CRECCO

 

 

An Act concerning endangering the welfare of children and amending N.J.S.2C:24-4.

 

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

 

    1. N.J.S.2C:24-4 is amended to read as follows:

    2C:24-4. Endangering Welfare of Children. a. Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

    b. As used in this subsection:

    (1) "Child" shall mean any person under [16] 18 years of age.

    (2) "Prohibited sexual act" means

    (a) Sexual intercourse; or

    (b) Anal intercourse; or

    (c) Masturbation; or

    (d) Bestiality; or

    (e) Sadism; or

    (f) Masochism; or

    (g) Fellatio; or

    (h) Cunnilingus; or

    (i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction.

    (3) Any person, including any parent, guardian, or other person legally charged with the care or custody of a child, who causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced or reconstructed in any manner or may be part of an exhibition or performance is guilty of a crime of the second degree.

    (4) Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.

    (5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer any photograph, film, video tape or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.

    (b) Any person who knowingly possesses or knowingly views any photograph, film, video tape or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such act, is guilty of a crime of the fourth degree.

    (6) For purposes of this subsection, a person who is depicted as or presents the appearances of being under the age of [16] 18 in any photograph or film shall be rebuttably presumed to be under the age of [16] 18.

(cf: P.L.1992, c.6, s.1)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends N.J.S.2C:24-4, the statute governing endangering the welfare of children. Presently the offenses set forth in subsection b. of N.J.S.2C:24-4, which include child pornography, prohibit certain activities involving children under the age of 16. This bill raises to age 18 the threshold for offenses involving child pornography.

 

 

 

Raises the age limitation in the definition of "child" as it relates to certain crimes of endangering the welfare of children from 16 to 18 years old.