New Jersey Assembly Bill A900

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Revises child pornography law.

Impact

If enacted, A900 will amend N.J.S.2C:24-4 concerning child pornography statutes. The revisions include increasing the crime classification from third degree to second degree for knowingly possessing obscene virtual child pornography and establishing a rebuttable presumption that any person appearing to be a child in a file is indeed a minor. Moreover, the bill removes the presumption of nonincarceration for individuals convicted of possessing real or virtual child pornography, thus mandating imprisonment for offenders in more cases. This will likely lead to increased incarceration rates among sex offenders in the state, particularly for repeat offenders.

Summary

Assembly Bill A900 seeks to revise New Jersey's child pornography laws significantly. The bill aims to enhance penalties for individuals engaged in creating, distributing, or possessing both 'real' and 'virtual' child pornography. It introduces a new classification for 'virtual' child pornography, aligning its penalties with those of 'real' child pornography, thereby emphasizing the importance of addressing digital depictions as severely as physical ones. This change acknowledges the evolving landscape of technology and its relation to child exploitation, aiming for a more comprehensive legislative approach to protect minors from all forms of exploitation.

Contention

The bill has raised questions and debates among lawmakers and advocacy groups regarding the balance between protecting children and the rights of defendants. Critics express concern about the potential for overly punitive measures that may not effectively deter crime or support rehabilitation. Additionally, the broad definitions included in the bill, such as the inclusion of minors depicted in 'virtual' forms of child pornography, bring about discussions on how these legal definitions may affect freedom of expression and the responsibility of technology platforms in monitoring content. The conversation around this bill illustrates conflicting perspectives on justice, child protection, and the implications of advancing technology.