Bill Text: NJ A5041 | 2022-2023 | Regular Session | Introduced
Bill Title: Creates offense for electronically sending unsolicited nude images.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2023-01-12 - Introduced, Referred to Assembly Judiciary Committee [A5041 Detail]
Download: New_Jersey-2022-A5041-Introduced.html
Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
Co-Sponsored by:
Assemblyman Stanley
SYNOPSIS
Creates offense for electronically sending unsolicited nude image.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning lewd acts and amending N.J.S.2C:14-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:14-4 is amended to read as follows:
2C:14-4 a. A person commits a disorderly persons offense if:
(1) [he] the person does any flagrantly lewd and offensive act which [he] the person knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed; or
(2) the person knowingly transmits by electronic means visual material that depicts a person engaging in sexual conduct or with the person's intimate parts exposed and the recipient did not request or expressly consent to receiving the material.
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts, via an unsolicited electronic lewd image or in person, for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
(2) He exposes his intimate parts, via an unsolicited electronic lewd image or in person, for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.
c. As used in this section:
"electronic means" includes, but is not limited to, an electronic communication device, an interactive wireless communications device, or a computer.
"lewd acts" shall include the exposing of the genitals, via electronic means or in person, for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.
(cf: P.L.1992, c.8, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill expands the scope of
the lewdness statute to include electronically sending unsolicited nude photos.
The bill makes it a disorderly persons offense for a person to knowingly transmit, by electronic means, visual material that depicts s person engaging in sexual conduct or with the person's intimate parts exposed and the material was not requested by or expressly consented to by the recipient.
The bill also establishes that sending unsolicited electronic lewd images is a fourth degree crime when the actor knows or reasonably expects that it will be observed by a child less than 13 years of age or by a person with a mental disease or defect who is unable to understand the sexual nature of the actor's conduct.
A disorderly persons offense is punishable by up to six months imprisonment, a $1,000 fine, or both. A fourth degree crime is punishable by up to 18 months imprisonment, a $10,000 fine, or both.
