A3768

Sponsored by:

Assemblywoman AURA K. DUNN

District 25 (Morris and Passaic)

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Co-Sponsored by:

Assemblymen Stanley, Auth and Webber

SYNOPSIS

Creates offense for electronically sending unsolicited nude image.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning lewd acts and amending N.J.S.2C:14-4.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:14-4 is amended to read as follows:

2C:14-4. a. A person commits a disorderly persons offense if the person:

(1) [he] does any flagrantly lewd and offensive act which [he] the person knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed; or

(2) knowingly transmits by electronic means visual material that depicts a person engaging in sexual conduct or with the person’s intimate parts exposed and the recipient did not request or expressly consent to receiving the material.

b. A person commits a crime of the fourth degree if the person:

(1) exposes [his] the person’s intimate parts, via an unsolicited electronic lewd image or in person, for the purpose of arousing or gratifying the sexual desire of the [actor] person or of any other person under circumstances where the [actor] person knows or reasonably expects [he] the person is likely to be observed by a child who is less than 13 years of age where the [actor] person is at least four years older than the child.

(2) [He] exposes [his] the person’s intimate parts, via an unsolicited electronic lewd image or in person, for the purpose of arousing or gratifying the sexual desire of the [actor] person or of any other person under circumstances where the [actor] person knows or reasonably expects [he] the person is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the [actor's] person’s conduct.

c. As used in this section:

“electronic means” includes, but is not limited to, an electronic communication device, an interactive wireless communications device, or a computer.

"lewd acts" shall include the exposing of the genitals, via

electronic means or in person, for the purpose of arousing or gratifying the sexual desire of the [actor] person or of any other person.

(cf: P.L.1992, c.8, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill expands the scope of the lewdness statute to include electronically sending unsolicited nude photos.

The bill makes it a disorderly persons offense for a person to knowingly transmit, by electronic means, visual material that depicts a person engaging in sexual conduct or with the person’s intimate parts exposed and the material was not requested by or expressly consented to by the recipient.

The bill also establishes that sending unsolicited electronic lewd images is a fourth degree crime when the person knows or reasonably expects that it will be observed by a child less than 13 years of age or by a person with a mental disease or defect who is unable to understand the sexual nature of the person’s conduct.

A disorderly persons offense is punishable by up to six months imprisonment, a $1,000 fine, or both. A fourth degree crime is punishable by up to 18 months imprisonment, a $10,000 fine, or both.