A 2312Creates separate crime for items depicting sexual exploitation or abuse of children; concerns computer generated or manipulated sexually explicit images.

Latest change summary

+1448 / −47076 words · LargeConfidence: high

This bill creates a comprehensive new criminal framework for child sexual abuse or exploitation material, replacing older references to 'child pornography' and explicitly encompassing computer-generated or manipulated images. The legislation establishes tiered offenses based on the nature and quantity of materials: production and distribution offenses ranging from first-degree (for 1,000+ items or direct exploitation) to second-degree crimes, and possession offenses ranging from third-degree (under 1,000 items) to first-degree (100,000+ items). Mandatory minimum sentences are imposed for distribution and possession cases involving substantial quantities (five years for 25-999 items, ten years for 1,000+ items, and mandatory imprisonment for possession of 100+ items absent extraordinary circumstances). The bill establishes strict liability standards with a rebuttable presumption that anyone appearing under 18 is actually under 18, while creating limited affirmative defenses for defendants under 21 within two years of the victim's age and for possessing fewer than three items that are promptly destroyed or reported. Throughout New Jersey's criminal code, the legislation updates cross-references to incorporate the new offense into existing frameworks for pretrial detention, bail restrictions, wiretap authorization, sex offender registration, certificates of relief eligibility, and extended statutes of limitations, while also providing victim protections including closed-circuit testimony procedures and maintaining exceptions for self-possession by depicted minors and for law enforcement reporting purposes.