New Jersey A 5305: Establishes Division of Advocacy for Developmentally Disabled within Office of Public Defender; designates public defender for developmentally disabled clients in criminal cases.

Bill Text

A5305 

ASSEMBLY, No. 5305 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED JUNE 23, 2026

Sponsored by:

Assemblywoman� ANDREA KATZ

District 8 (Atlantic and Burlington)

SYNOPSIS

���� Requires age verification to prohibit minors from 
accessing sexually explicit material online. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning obscenity and amending N.J.S.2C:34-3.

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

���� 1. N.J.S.2C:34-3 is amended to 
read as follows:

���� 2C:34-3. Obscenity For Persons 
Under 18. 

���� a. Definitions for purposes of 
this section:

���� (1) �Obscene material� means 
any description, narrative account, display, depiction of a specified 
anatomical area or specified sexual activity contained in, or consisting of, a 
picture or other representation, publication, sound recording, live performance, 
or film, which by means of posing, composition, format, or animated 
sensual details, emits sensuality with sufficient impact to concentrate 
prurient interest on the area or activity.

���� (2) �Obscene film� means any 
motion picture film or preview or trailer to a film, not including newsreels 
portraying actual current events or pictorial news of the day, in which a 
scene, taken by itself:

���� (a) Depicts a specified 
anatomical area or specified sexual activity, or the simulation of a specified 
sexual activity, or verbalization concerning a specified sexual activity; and

���� (b) Emits sensuality 
sufficient, in terms of the duration and impact of the depiction, to appeal to 
prurient interest.

���� (3) �Specified anatomical 
area� means:

���� (a) Less than completely and 
opaquely covered human genitals, pubic region, buttock, or female 
breasts below a point immediately above the top of the areola; or

���� (b) Human male genitals in a 
discernibly turgid state, even if covered.

���� (4) �Specified sexual 
activity� means:

���� (a) Human genitals in a state 
of sexual stimulation or arousal; or

���� (b) Any act of human 
masturbation, sexual intercourse, or deviate sexual intercourse; or

���� (c) Fondling or other erotic 
touching of covered or uncovered human genitals, pubic region, buttock, 
or female breast.

���� (5) �Knowingly� means:

���� (a) Having knowledge of the 
character and content of the material or film described herein; [or]

���� (b) Having failed to exercise 
reasonable inspection which would disclose its character and content; or

���� (c) Having failed to take 
reasonable measures to verify that a person is at least 18 years of age, 
including but not limited to performing the age verification required pursuant 
to subsection f. of this section.

���� (6) �Exhibit� means the sale 
of admission to view obscene material; or the showing of obscene material by 
a sexually oriented online entity, whether or not for a fee.

���� (7) �Show� means cause or 
allow to be seen.

���� (8) �Interactive computer 
service� has the meaning provided in 47 U.S.C. s.230.

���� (9) �Sexually oriented 
online entity� means a person, corporation, limited liability company, 
partnership, limited partnership, sole proprietorship, association, or other 
legally recognized entity engaged in the business of exhibiting or showing 
obscene material through the Internet or any computer or telecommunications 
network.� �Sexually oriented online entity� includes the owner or operator of 
an interactive computer service, including but not limited to, a website, 
social media platform, file sharing platform, video platform, gaming platform, 
mobile application, bulletin board system, or other Internet-connected computer 
server or network, the primary purpose or substantial portion of which is to 
exhibit or show obscene material; to allow individuals to share or distribute 
obscene material with other individuals; or to allow individuals to generate 
obscene material.

���� (10) �Substantial portion� 
means, for an interactive computer service, more than one-third of its revenue 
is derived from the exhibiting, showing, sale, or advertising of obscene 
material; more than one-third of the total number of user accounts show obscene 
material; or more than one-third of the content of any single user account 
consists of the showing of obscene material.

���� b.��� Promoting obscene 
material.

���� (1) A person who knowingly 
sells, distributes, rents, or exhibits to a person under 18 years of age 
obscene material is guilty of a crime of the third degree.

���� (2) A person who knowingly 
shows obscene material to a person under 18 years of age with the knowledge or 
purpose to arouse, gratify or stimulate himself or another is guilty of a crime 
of the third degree if the person showing the obscene material is at least four 
years older than the person under 18 years of age viewing the material.

���� c.���� Admitting to exhibition 
of obscene film, or exhibiting other obscene material.

���� (1) Any person