| 1 | 1 | | ASSEMBLY, No. 2833 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED FEBRUARY 28, 2022 |
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| 3 | 3 | | ASSEMBLY, No. 2833 |
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| 7 | 7 | | STATE OF NEW JERSEY |
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| 9 | 9 | | 220th LEGISLATURE |
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| 12 | 12 | | |
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| 13 | 13 | | INTRODUCED FEBRUARY 28, 2022 |
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| 17 | 17 | | Sponsored by: Assemblywoman SHANIQUE SPEIGHT District 29 (Essex) SYNOPSIS Directs referral of certain persons under 18 for determination of status as socially or economically disadvantaged youth. CURRENT VERSION OF TEXT As introduced. |
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| 20 | 20 | | |
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| 21 | 21 | | Sponsored by: |
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| 23 | 23 | | Assemblywoman SHANIQUE SPEIGHT |
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| 24 | 24 | | |
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| 25 | 25 | | District 29 (Essex) |
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| 35 | 35 | | SYNOPSIS |
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| 36 | 36 | | |
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| 37 | 37 | | Directs referral of certain persons under 18 for determination of status as socially or economically disadvantaged youth. |
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| 40 | 40 | | |
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| 41 | 41 | | CURRENT VERSION OF TEXT |
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| 42 | 42 | | |
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| 43 | 43 | | As introduced. |
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| 47 | 47 | | An Act concerning prostitution and amending N.J.S.2C:34-1 and supplementing chapter 34 of Title 2C of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:34-1 is amended to read as follows: 2C:34-1. Prostitution and Related Offenses. a. As used in this section: (1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value. (2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations. (3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another. (4) "Promoting prostitution" is: (a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business; (b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate; (c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute; (d) Soliciting a person to patronize a prostitute; (e) Procuring a prostitute for a patron; (f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or (g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means. b. A person commits an offense if: (1) The actor engages in prostitution as a patron; (2) The actor promotes prostitution; (3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; (4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible; (5) The actor compels another to engage in or promote prostitution; (6) The actor promotes prostitution of the actor's spouse; (7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; or (8) The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value. c. Grading of offenses under subsection b. (1) An offense under subsection b. constitutes a crime of the first degree if the offense falls within paragraph (3) or (4) of that subsection. (2) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (7) of that subsection. (3) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5) or (6) of that subsection. (4) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree. (5) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense constitutes a crime of the fourth degree, and a fourth or subsequent conviction for such an offense constitutes a crime of the third degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission. (6) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (8) of that subsection, except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution. e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was under 18 years of age, was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant's age. f. (1) Any fine set forth in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a conviction of a disorderly persons offense under this section shall be collected, notwithstanding the procedures for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal court administrator and paid into the municipal treasury of the municipality in which the offense was committed. (2) In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of prostitution or related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection b. shall be assessed a penalty of at least $10,000 but not more than $50,000, except if the offense involved promotion of the prostitution of a child under the age of 18, the penalty shall be at least $25,000. All penalties provided for in this subsection, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238). (cf: P.L.2013, c.51, s.9) 2. (New section) a. A person under the age of 18 shall not be considered to commit an act of juvenile delinquency which, under section 4 of P.L.1982, c.77 (C.2A:4A-23), would be a violation of N.J.S.2C:34-1 if committed by an adult but shall be referred by law enforcement to the Department of Children and Family Services for a determination of whether the person is a "socially or economically disadvantaged youth." b. As used in this act, a "socially or economically disadvantaged youth" means shall mean those persons below 18 years of age from socially disadvantaged or lower income families and whose conduct resulting in the referral likely stemmed from the social or economic disadvantage. 3. This act shall take effect immediately. STATEMENT This bill would provide an affirmative defense to any person under the age of 18 who commits an act of juvenile delinquency which if committed by an adult would be prostitution. The bill is intended to address situations where disadvantaged youth are taken into custody for conduct which stems from the person's background, their environment, lack of support or systemic racism or bias. Under the bill, a person under the age of 18 shall not be considered to commit an act of juvenile delinquency which, under N.J.S.A.2A:4A-23, would be a violation of N.J.S.A.2C:34-1 if committed by an adult but shall be referred by law enforcement to the Department of Children and Family Services for a determination of whether the person is a "socially or economically disadvantaged youth." Under the bill, a "socially or economically disadvantaged youth" means shall mean those persons below 18 years of age from socially disadvantaged or lower income families and whose conduct resulting in the referral likely stemmed from the social or economic disadvantage. |
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| 48 | 48 | | |
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| 49 | 49 | | An Act concerning prostitution and amending N.J.S.2C:34-1 and supplementing chapter 34 of Title 2C of the New Jersey Statutes. |
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| 50 | 50 | | |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 54 | 54 | | |
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| 56 | 56 | | |
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| 57 | 57 | | 1. N.J.S.2C:34-1 is amended to read as follows: |
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| 58 | 58 | | |
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| 59 | 59 | | 2C:34-1. Prostitution and Related Offenses. |
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| 60 | 60 | | |
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| 61 | 61 | | a. As used in this section: |
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| 62 | 62 | | |
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| 63 | 63 | | (1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value. |
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| 64 | 64 | | |
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| 65 | 65 | | (2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations. |
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| 66 | 66 | | |
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| 67 | 67 | | (3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another. |
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| 68 | 68 | | |
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| 69 | 69 | | (4) "Promoting prostitution" is: |
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| 70 | 70 | | |
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| 71 | 71 | | (a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business; |
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| 72 | 72 | | |
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| 73 | 73 | | (b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate; |
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| 74 | 74 | | |
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| 75 | 75 | | (c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute; |
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| 76 | 76 | | |
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| 77 | 77 | | (d) Soliciting a person to patronize a prostitute; |
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| 78 | 78 | | |
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| 79 | 79 | | (e) Procuring a prostitute for a patron; |
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| 80 | 80 | | |
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| 81 | 81 | | (f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or |
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| 82 | 82 | | |
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| 83 | 83 | | (g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means. |
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| 84 | 84 | | |
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| 85 | 85 | | b. A person commits an offense if: |
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| 86 | 86 | | |
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| 87 | 87 | | (1) The actor engages in prostitution as a patron; |
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| 88 | 88 | | |
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| 89 | 89 | | (2) The actor promotes prostitution; |
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| 90 | 90 | | |
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| 91 | 91 | | (3) The actor knowingly promotes prostitution of a child under |
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| 92 | 92 | | |
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| 93 | 93 | | 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; |
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| 94 | 94 | | |
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| 95 | 95 | | (4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible; |
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| 96 | 96 | | |
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| 97 | 97 | | (5) The actor compels another to engage in or promote prostitution; |
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| 98 | 98 | | |
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| 99 | 99 | | (6) The actor promotes prostitution of the actor's spouse; |
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| 100 | 100 | | |
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| 101 | 101 | | (7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; or |
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| 102 | 102 | | |
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| 103 | 103 | | (8) The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value. |
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| 104 | 104 | | |
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| 105 | 105 | | c. Grading of offenses under subsection b. |
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| 106 | 106 | | |
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| 107 | 107 | | (1) An offense under subsection b. constitutes a crime of the first degree if the offense falls within paragraph (3) or (4) of that subsection. |
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| 108 | 108 | | |
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| 109 | 109 | | (2) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (7) of that subsection. |
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| 110 | 110 | | |
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| 111 | 111 | | (3) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5) or (6) of that subsection. |
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| 112 | 112 | | |
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| 113 | 113 | | (4) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree. |
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| 114 | 114 | | |
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| 115 | 115 | | (5) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense constitutes a crime of the fourth degree, and a fourth or subsequent conviction for such an offense constitutes a crime of the third degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission. |
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| 116 | 116 | | |
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| 117 | 117 | | (6) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (8) of that subsection, except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. |
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| 118 | 118 | | |
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| 119 | 119 | | d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution. |
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| 120 | 120 | | |
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| 121 | 121 | | e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was under 18 years of age, was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant's age. |
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| 122 | 122 | | |
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| 123 | 123 | | f. (1) Any fine set forth in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a conviction of a disorderly persons offense under this section shall be collected, notwithstanding the procedures for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal court administrator and paid into the municipal treasury of the municipality in which the offense was committed. |
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| 124 | 124 | | |
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| 125 | 125 | | (2) In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of prostitution or related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection b. shall be assessed a penalty of at least $10,000 but not more than $50,000, except if the offense involved promotion of the prostitution of a child under the age of 18, the penalty shall be at least $25,000. All penalties provided for in this subsection, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238). |
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| 126 | 126 | | |
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| 127 | 127 | | (cf: P.L.2013, c.51, s.9) |
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| 128 | 128 | | |
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| 129 | 129 | | |
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| 130 | 130 | | |
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| 131 | 131 | | 2. (New section) a. A person under the age of 18 shall not be considered to commit an act of juvenile delinquency which, under section 4 of P.L.1982, c.77 (C.2A:4A-23), would be a violation of N.J.S.2C:34-1 if committed by an adult but shall be referred by law enforcement to the Department of Children and Family Services for a determination of whether the person is a "socially or economically disadvantaged youth." |
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| 132 | 132 | | |
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| 133 | 133 | | b. As used in this act, a "socially or economically disadvantaged youth" means shall mean those persons below 18 years of age from socially disadvantaged or lower income families and whose conduct resulting in the referral likely stemmed from the social or economic disadvantage. |
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| 134 | 134 | | |
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| 135 | 135 | | 3. This act shall take effect immediately. |
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| 136 | 136 | | |
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| 137 | 137 | | |
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| 138 | 138 | | |
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| 139 | 139 | | |
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| 140 | 140 | | |
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| 141 | 141 | | STATEMENT |
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| 142 | 142 | | |
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| 143 | 143 | | |
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| 144 | 144 | | |
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| 145 | 145 | | This bill would provide an affirmative defense to any person under the age of 18 who commits an act of juvenile delinquency which if committed by an adult would be prostitution. The bill is intended to address situations where disadvantaged youth are taken into custody for conduct which stems from the person's background, their environment, lack of support or systemic racism or bias. |
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| 146 | 146 | | |
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| 147 | 147 | | Under the bill, a person under the age of 18 shall not be considered to commit an act of juvenile delinquency which, under N.J.S.A.2A:4A-23, would be a violation of N.J.S.A.2C:34-1 if committed by an adult but shall be referred by law enforcement to the Department of Children and Family Services for a determination of whether the person is a "socially or economically disadvantaged youth." |
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| 148 | 148 | | |
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| 149 | 149 | | Under the bill, a "socially or economically disadvantaged youth" means shall mean those persons below 18 years of age from socially disadvantaged or lower income families and whose conduct resulting in the referral likely stemmed from the social or economic disadvantage. |
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