STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Co-Sponsored by:
Senators Stanfield, Pennacchio, Pou, A.M.Bucco, Durr, Diegnan, Sarlo and Zwicker
SYNOPSIS
Establishes crime of “sexual extortion”: using explicit sexual images to extort victims.
CURRENT VERSION OF TEXT
As reported by the Senate Judiciary Committee with technical review.
An Act concerning certain criminal sexual activity and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. An actor commits the crime of sexual extortion if:
a. with the purpose to coerce another person to engage in sexual contact, sexual penetration, or simulated sexual contact or penetration, or to produce, provide, or distribute any image, video, or other recording of any individual’s intimate parts or an individual engaged in sexual contact or sexual penetration, the actor communicates in person or by electronic means a threat:
(1) to the victim’s person, property, or reputation; or
(2) to disclose an image or video of the victim engaged in sexual contact, sexual penetration, simulated sexual contact or penetration, or of an individual’s intimate parts; or
b. the actor knowingly causes a victim to engage in sexual contact, sexual penetration, or simulated sexual contact or penetration, or to produce, provide, or distribute any image, video, or other recording of any individual’s intimate parts or an individual engaged in sexual contact or sexual penetration, by means of a threat:
(1) to the victim’s person, property, or reputation; or
(2) to disclose an image or video of the victim engaged in sexual contact, sexual penetration, simulated sexual contact or penetration, or of an individual’s intimate parts.
Sexual extortion is a crime of the third degree.
c. An actor is guilty of aggravated sexual extortion if the actor commits an act of sexual extortion on a child under the age of 18 years or an adult with a developmental disability.
Aggravated sexual extortion is crime of the second degree.
For purposes of this section:
“Developmental disability” has the definition set forth in section 3 of P.L.1977, c.82 (C.30:6D-3).
“Disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means.
“Intimate parts” has the definition set forth in N.J.S.2C:14-1.
“Sexual contact” means sexual contact as defined in N.J.S.2C:14-1.
“Sexual penetration” has the definition set forth in N.J.S.2C:14-1.
2. This act shall take effect immediately.