ASSEMBLY CHILDREN, FAMILIES AND FOOD SECURITY
COMMITTEE
STATEMENT TO
SENATE, No. 2652
STATE OF NEW JERSEY
DATED: JUNE 13, 2024
The Assembly Children, Families and Food Security Committee
reports favorably Senate Bill No. 2652.
This bill updates terminology in statutory law pertaining to the
sexual exploitation or abuse of children. Current state law prohibits
the creation, manufacture, distribution, sale or viewing of child
pornography. Among child protection advocates, however, terms such
as “child sexual abuse material” and “child sexual exploitation
material” have come into wider use, replacing the general description
of “child pornography” because these terms more accurately reflect the
suffering of the children who are victims of these crimes. When used
in the context of depictions of children, the term “pornography” may
be understood to legitimize or trivialize the sexual abuse or
exploitation of those children. In addition, the term “pornography”
carries with it the implication that the acts are performed with the
consent of the child, and represent legitimate sexual material.
This bill replaces the term child pornography with the term “trade
in child sexual abuse or exploitation material” in Title 2A. In Title 2C,
the definition of “item depicting the sexual exploitation or abuse of a
child” is amended to include “child sexual abuse or exploitation
material” and the acronym “CSAEM.”
The bill replaces the term child pornography with “network to
share child sexual abuse or exploitation material” in various sections
of Title 2C concerning the definition, degrees of crime, examination
referrals, registration of sex offenders, and special sentencing for
parole supervision for life for a leader of a network distributing
depictions of child sexual abuse or exploitation. The bill further
clarifies that online distribution or possession of sexual abuse or
exploitation material is to be included in the schedule of penalties
pertaining to offenses involving computer criminal activity in Title 2C.
In Title 9, the term pornography is replaced with “any crime
involving child sexual abuse or exploitation material” concerning
disqualification of employment pursuant to N.J.S.9:3-40.5.
In Title 18A, the word pornography is replaced with the term
“child sexual abuse or exploitation material” with regard to the
practice of “sexting,” or sending sexually explicit messages pursuant
to N.J.S.18A:35-4.32. 2
This bill replaces the term pornography in various parts of Title 30
with “any crime involving child sexual abuse or exploitation material”
in the statutes concerning revocation of a day care center’s
registration, criteria for permanent disqualification from employment,
disqualification from adopting a child or being a resource family
parent, and disqualification of employment at, or ownership or
sponsorship of, a child day care center.
In Title 52, the term pornography is replaced with “online
distribution or possession of child sexual abuse or exploitation
material” in the statutes concerning the Department of Law and Public
Safety’s efforts to receive and respond to inquiries or complaints from
members of the public reporting computer crimes pursuant to
N.J.S.52:17B-193.
This bill also updates the terminology used in current law to
replace outdated references to certain crimes that involve the sexual
exploitation or abuse of children. The bill also corrects technical
inconsistencies in the statutes.
As reported by the committee, Senate Bill No. 2652 is identical to
Assembly Bill No. 3539 which was also reported by the committee on
this date.