Bill Text: NJ S2006 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits certain sex offenders from using social networking websites and requires certain identifying information.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-05-31 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2006 Detail]
Download: New_Jersey-2012-S2006-Introduced.html
Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Prohibits certain sex offenders from using social networking websites and requires certain identifying information.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain sex offenders and supplementing chapter 7 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Sex offender" means a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense, as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) which involves a victim under 18 years of age. This term shall also include a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for an offense similar to any offense enumerated in paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) or who has received a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of subsection b. of section 2 of P.L.1994, c.133 (C:2C:7-2) entered or imposed under the laws of a foreign government or other jurisdiction in the United States which involves a victim under 18 years of age;
"Social networking website" means an internet website that allows users to create a profile containing personal information that is accessible by third parties and that allows communication among users;
"Third party" means a person other than the user, the operator, or an employee of the operator; and
"Use" means to create an online profile, page, or similar account on the social networking website that allows the user to post personal information that may be viewed by third parties, or to contact or attempt to contact other users of the social networking website.
2. a. It shall be unlawful for a sex offender to use a social networking website.
b. A person who violates subsection a. of this section is guilty of a crime of the third degree.
c. A sex offender shall provide the chief law enforcement officer of the municipality in which the offender resides with any e-mail address, username, or identifier used on the Internet by that person.
d. A person who fails to provide the appropriate law enforcement agency with such information or notify the agency of a change in the person's email address, username, or identifier or who provides false information concerning the person's email address, username, or identifier is guilty of a crime of the fourth degree.
3. This act shall take effect immediately.
STATEMENT
This bill prohibits certain sex offenders from using social networking websites and requires them to provide certain identifying information. The bill is intended to protect the youth of this State by prohibiting sex offenders from using social networking websites that allow users to create a profile or post personal information.
Sex offender is defined as a person who has been convicted, adjudicated delinquent, or found not guilty by reason of insanity for committing a broad range of sexual offenses as defined in the sex offender registration (Megan's) law, which involves a victim under 18 years of age. It also includes a person who has been convicted by a foreign government of a similar sexual offense to those defined in the sex offender registration (Megan's) law or sentenced based on similar criteria, which involves a victim under 18 years of age.
The bill defines social networking website as an internet website that allows users to post personal information that is accessible by third parties and that allows communication among users.
Use is defined as creating an online profile, page or similar account that allows the user to post personal information that may be viewed by third parties, or to contact or attempt to contact other users of the social networking website.
A violator would be guilty of a crime of the third degree, which carries a penalty of three to five years imprisonment, a fine of up to $15,000, or both.
This bill also requires sex offenders to provide the appropriate law enforcement agency with their email address, username, or identifier that is used on the Internet to ensure compliance with this act. A person who fails to provide the information, who provides false information or who fails to provide notice of any change is guilty of a crime of the fourth degree, which carries a penalty of up to 18 months imprisonment, a fine of up to $10,000, or both.
