Lawless

SYNOPSIS Creates diversionary program for juveniles who are criminally charged for â€Å"sexting† or posting sexual images. CURRENT VERSION OF TEXT As introduced. An Act creating a diversionary program for certain juveniles, and amending P. L. 1982, c. 81 and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 2 of P. L. 1982, c. 81 (C. 2A:4A-71) is amended to read as follows: 2. Review and processing of complaints. a. The jurisdiction of the court in any complaint filed pursuant to section 11 of P. L. 1982, c. 77 (C. A:4A-30) shall extend to the juvenile who is the subject of the complaint and his parents or guardian. b. Every complaint shall be reviewed by court intake services for recommendation as to whether the complaint should be dismissed, diverted, or referred for court action. Where the complaint alleges a crime which, if committed by an adult, would be a crime of the first, second, third or fourth degree, or alleges a repetitive disorderly persons offense or any disorderly persons offense defined in chapter 35 or chapter 36 of Title 2C, the complaint shall be referred for court action, unless the prosecutor otherwise consents to diversion.Court intake services shall consider the following factors in determining whether to recommend diversion: (1) The seriousness of the alleged offense or conduct and the circumstances in which it occurred; (2) The age and maturity of the juvenile; (3) The risk that the juvenile presents as a substantial danger to others; (4) The family circumstances, including any history of drugs, alcohol abuse or child abuse on the part of the juvenile, his parents or guardian; (5) The nature and number of contacts with court intake services and the court that the juvenile or his family have had; 6) The outcome of those contacts, including the services to which the juvenile or family have been referred and the results of those referrals; (7) The availability of appropriate services outside referral to the court; (8) Any recommendations expressed by the victim or complainant, or arresting officer, as to how the case should be resolved; [and] (9) Any recommendation expressed by the county prosecutor; and (10) The offense alleged is an eligible offense pursuant to section 3 of P. L. , c. (C. (pending before the Legislature as this bill) and the juvenile is eligible to participate in the educational reform program set forth section 3 of P. L. ,c. (C. )(pending before the Legislature as this bill). (cf: P. L. 1988, c. 44, s. 17) 2. (New section) Where a complaint against a juvenile pursuant to section 11 of P. L. 1982, c. 77 (C. 2A:4A-30) alleges that the juvenile has committed an eligible offense satisfying the criteria set forth in subsection c. of section 3 of P. L. , c. (C. ) (pending before he Legislature as this bill) and the court has approved diversion of the complaint pursuant to section 4 of P. L. 1982, c. 81 (C. 2A:4A-73) the resolution of the complaint shall include participation in an educational program set forth in 3 of P. L. , c. (C. ) (pending before the Legislature as this bill). 3. (New section). a. As used in P. L. , c. (C. )(pending before the Legislature as this bill), â€Å"eligible offense† means an offense in which: (1) the facts of the case involve the creation, exhibition or distribution of a photograph depicting nudity as defined in N.J. S. 2C:24-4 through the use of an electronic communication device, an interactive wireless communications device or a computer; and (2) the creator and subject of the photograph are juveniles or were juveniles at the time of its making. b. The Attorney General, in consultation with the Administrative Director of the Administrative Office of the Courts, shall develop an educational program for juveniles who have committed an eligible offense as defined under the provisions of subsection a. of this section.A juvenile who successfully co mpletes the program shall have the opportunity to avoid prosecution for the eligible offense. c. Admission to the program shall be limited to cases where: (1) the juvenile has not previously been adjudicated delinquent for or convicted of a crime or offense which, if committed by an adult, would constitute aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; endangering the welfare of a child pursuant to N. J. S. 2C:24-4; luring or enticing a child pursuant to section 1 of P. L. 1993, c. 291 (C. C:13-6); luring or enticing an adult pursuant to section 1 of P. L. 2005, c. 1 (C. 2C:13-7) or an attempt to commit any of the enumerated offenses; (2) the juvenile was not aware that his actions could constitute and did not have the intent to commit a criminal offense; (3) there is a likelihood that the juvenile’s offense is related to a condition or situation that would be conducive to change through his participation in the educational program; and (4) the benefits to society in admitting the juvenile into this educational program outweigh the harm done to society by abandoning criminal prosecution. . The educational program shall provide information concerning: (1) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable federal and State statutes; (2) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities; 3) how the unique characteristics of cyberspace and the Internet, including searchibility, replicability, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and (4) the possible connection between bullying and cyber-bullying and juveniles sharing sexually suggest ive or explicit materials. e. The Attorney General may promulgate guidelines to effectuate the provisions of this act. 4. This act shall take effect on the first day of the seventh month after enactment. STATEMENTThis bill establishes an educational program as an alternative to prosecution for certain juveniles who are charged with a criminal offense for posting sexually suggestive or sexually explicit photographs, or who engage in the behavior commonly known as â€Å"sexting,† in which these pictures are transmitted via cell phones. The bill provides that where a complaint against a juvenile alleges that the juvenile has committed an â€Å"eligible offense† and the court approves diversion of the complaint, the resolution of the complaint would include participation in the educational program created by the bill.The bill defines an â€Å"eligible offense† as an offense in which: (1) the facts of the case involve the creation, exhibition or distribution of a pho tograph depicting nudity as defined in N. J. S. A. 2C:24-4 through the use of an electronic communication device, an interactive wireless communications device or a computer; and (2) the creator and subject of the photograph are juveniles or were juveniles at the time of its making. Under the bill, the Attorney General, in consultation with the Administrative Office of the Courts, would develop an educational program for these juveniles.A juvenile who successfully completes the program would have the opportunity to avoid prosecution for the offense. Admission to the program would be limited to cases where: (1) the juvenile has not previously been adjudicated delinquent for or convicted of a crime or offense which, if committed by an adult, would constitute aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; endangering the welfare of a child; luring or enticing a child; luring or enticing an adult or an attempt to commit any of the enum erated offenses; 2) the juvenile was not aware that his actions could constitute, and did not have the intent to commit, a criminal offense; (3) there is a likelihood that the juvenile’s offense is related to a condition or situation that would be conducive to change through his participation in the educational program; and (4) the benefits to society in admitting the juvenile into this educational program outweigh the harm done to society by abandoning criminal prosecution.The educational program would provide information concerning: (1) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable federal and State statutes; (2) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities; 3) how the unique characte ristics of cyberspace and the Internet, including searchibility, replicability, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and (4) the possible connection between bullying and cyber-bullying and juveniles sharing sexually suggestive or explicit materials. In addition, the bill amends N. J. S. A. 2A:4A-71 to specifically provide for the diversion of juveniles into the newly created educational program created under the bill as one of the enumerated recommendations which can be made by the court.SYNOPSIS Creates diversionary program for juveniles who are criminally charged for â€Å"sexting† or posting sexual images. CURRENT VERSION OF TEXT As introduced. An Act creating a diversionary program for certain juveniles, and amending P. L. 1982, c. 81 and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 2 of P. L. 1982, c. 81 (C. 2A:4A-71) is amended to read as follows: 2. Review and processing of complaints. a. The jurisdiction of the court in any complaint filed pursuant to section 11 of P. L. 1982, c. 77 (C. A:4A-30) shall extend to the juvenile who is the subject of the complaint and his parents or guardian. b. Every complaint shall be reviewed by court intake services for recommendation as to whether the complaint should be dismissed, diverted, or referred for court action. Where the complaint alleges a crime which, if committed by an adult, would be a crime of the first, second, third or fourth degree, or alleges a repetitive disorderly persons offense or any disorderly persons offense defined in chapter 35 or chapter 36 of Title 2C, the complaint shall be referred for court action, unless the prosecutor otherwise consents to diversion.Court intake services shall consider the following factors in determining whether to recommend diversion: (1) The seriousness of the alleged offen se or conduct and the circumstances in which it occurred; (2) The age and maturity of the juvenile; (3) The risk that the juvenile presents as a substantial danger to others; (4) The family circumstances, including any history of drugs, alcohol abuse or child abuse on the part of the juvenile, his parents or guardian; (5) The nature and number of contacts with court intake services and the court that the juvenile or his family have had; 6) The outcome of those contacts, including the services to which the juvenile or family have been referred and the results of those referrals; (7) The availability of appropriate services outside referral to the court; (8) Any recommendations expressed by the victim or complainant, or arresting officer, as to how the case should be resolved; [and] (9) Any recommendation expressed by the county prosecutor; and (10) The offense alleged is an eligible offense pursuant to section 3 of P. L. , c. (C. (pending before the Legislature as this bill) and the juvenile is eligible to participate in the educational reform program set forth section 3 of P. L. ,c. (C. )(pending before the Legislature as this bill). (cf: P. L. 1988, c. 44, s. 17) 2. (New section) Where a complaint against a juvenile pursuant to section 11 of P. L. 1982, c. 77 (C. 2A:4A-30) alleges that the juvenile has committed an eligible offense satisfying the criteria set forth in subsection c. of section 3 of P. L. , c. (C. ) (pending before the Legislature as this bill) and the court has approved diversion of the complaint pursuant to section 4 of P.L. 1982, c. 81 (C. 2A:4A-73) the resolution of the complaint shall include participation in an educational program set forth in 3 of P. L. , c. (C. ) (pending before the Legislature as this bill). 3. (New section). a. As used in P. L. , c. (C. )(pending before the Legislature as this bill), â€Å"eligible offense† means an offense in which: (1) the facts of the case involve the creation, exhibition or distribution of a photograph depicting nudity as defined in N. J. S. 2C:24-4 through the use of an electronic communication device, an interactive wireless communications device or a computer; and 2) the creator and subject of the photograph are juveniles or were juveniles at the time of its making. b. The Attorney General, in consultation with the Administrative Director of the Administrative Office of the Courts, shall develop an educational program for juveniles who have committed an eligible offense as defined under the provisions of subsection a. of this section. A juvenile who successfully completes the program shall have the opportunity to avoid prosecution for the eligible offense. c.Admission to the program shall be limited to cases where: (1) the juvenile has not previously been adjudicated delinquent for or convicted of a crime or offense which, if committed by an adult, would constitute aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; en dangering the welfare of a child pursuant to N. J. S. 2C:24-4; luring or enticing a child pursuant to section 1 of P. L. 1993, c. 291 (C. 2C:13-6); luring or enticing an adult pursuant to section 1 of P. L. 2005, c. 1 (C. C:13-7) or an attempt to commit any of the enumerated offenses; (2) the juvenile was not aware that his actions could constitute and did not have the intent to commit a criminal offense; (3) there is a likelihood that the juvenile’s offense is related to a condition or situation that would be conducive to change through his participation in the educational program; and (4) the benefits to society in admitting the juvenile into this educational program outweigh the harm done to society by abandoning criminal prosecution. . The educational program shall provide information concerning: (1) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable federal and State statutes; (2) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities; 3) how the unique characteristics of cyberspace and the Internet, including searchibility, replicability, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and (4) the possible connection between bullying and cyber-bullying and juveniles sharing sexually suggestive or explicit materials. e. The Attorney General may promulgate guidelines to effectuate the provisions of this act. 4. This act shall take effect on the first day of the seventh month after enactment. STATEMENTThis bill establishes an educational program as an alternative to prosecution for certain juveniles who are charged with a criminal offense for posting sexually suggestive or sexually explicit pho tographs, or who engage in the behavior commonly known as â€Å"sexting,† in which these pictures are transmitted via cell phones. The bill provides that where a complaint against a juvenile alleges that the juvenile has committed an â€Å"eligible offense† and the court approves diversion of the complaint, the resolution of the complaint would include participation in the educational program created by the bill.The bill defines an â€Å"eligible offense† as an offense in which: (1) the facts of the case involve the creation, exhibition or distribution of a photograph depicting nudity as defined in N. J. S. A. 2C:24-4 through the use of an electronic communication device, an interactive wireless communications device or a computer; and (2) the creator and subject of the photograph are juveniles or were juveniles at the time of its making. Under the bill, the Attorney General, in consultation with the Administrative Office of the Courts, would develop an educatio nal program for these juveniles.A juvenile who successfully completes the program would have the opportunity to avoid prosecution for the offense. Admission to the program would be limited to cases where: (1) the juvenile has not previously been adjudicated delinquent for or convicted of a crime or offense which, if committed by an adult, would constitute aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; endangering the welfare of a child; luring or enticing a child; luring or enticing an adult or an attempt to commit any of the enumerated offenses; 2) the juvenile was not aware that his actions could constitute, and did not have the intent to commit, a criminal offense; (3) there is a likelihood that the juvenile’s offense is related to a condition or situation that would be conducive to change through his participation in the educational program; and (4) the benefits to society in admitting the juvenile into this educational program outweigh the harm done to society by abandoning criminal prosecution.The educational program would provide information concerning: (1) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable federal and State statutes; (2) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities; 3) how the unique characteristics of cyberspace and the Internet, including searchibility, replicability, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and (4) the possible connection between bullying and cyber-bullying and juveniles sharing sexually suggestive or explicit materials. In addition, the bill amends N. J. S. A. 2A:4A-71 to specifically provide for the diversion of juveniles into the newly created educational program created under the bill as one of the enumerated recommendations which can be made by the court.