New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1939

Introduced
1/9/24  
Refer
1/9/24  

Caption

Creates offense for electronically sending unsolicited nude images.

Impact

If enacted, A1939 would expand the definitions related to lewd acts under New Jersey law. Specifically, it would classify the act of sending unsolicited nude images as a disorderly persons offense, while more severe instances—such as when the exposure is intended to arouse a child or an individual incapable of understanding the sexual nature of the conduct—could be classified as a fourth-degree crime. This change would provide law enforcement with greater authority to act on such offenses and serve as a deterrent against the distribution of unsolicited explicit materials.

Summary

A1939 is a bill aimed at addressing the issue of unsolicited nude images transmitted electronically. The bill proposes to amend existing New Jersey statutes regarding lewd acts by making it an offense to knowingly send such images without the recipient's consent. This legislation is a response to growing concerns about the non-consensual sharing of explicit content, particularly in the digital age where such actions can happen swiftly and anonymously.

Sentiment

The sentiment surrounding A1939 is largely positive among those who advocate for stronger protections against the non-consensual dissemination of explicit images. Supporters, including various advocacy groups and lawmakers, argue that the bill is necessary for protecting individuals' rights to privacy and consent. However, there are concerns among some lawmakers regarding potential overreach and how such laws might be enforced, particularly in regard to distinguishing between genuine consent issues and personal disputes.

Contention

Notable points of contention in the discussions around A1939 include the potential impact on free speech and the implications for privacy. Critics of the bill express worries that the broad definitions could lead to misuse, where innocent communications might be criminalized under ambiguous terms. Additionally, there are concerns about how the bill would be enforced and whether it might unintentionally penalize individuals trying to engage in consensual activities online.

Companion Bills

NJ A5041

Carry Over Creates offense for electronically sending unsolicited nude images.

Previously Filed As

NJ A3768

Creates offense for electronically sending unsolicited nude image.

NJ HB572

In sexual offenses, providing for the offense of unsolicited dissemination of intimate image.

NJ HB1590

LIABILITY-UNSOLICITED IMAGES

NJ H0757

Sexual Images

NJ HB670

Civil Actions - Unsolicited Obscene Material

NJ SB593

Obscenity and child sexual abuse material; creating felony offenses and providing penalties. Effective date.

NJ SB593

Obscenity and child sexual abuse material; creating felony offenses and providing penalties. Effective date.

NJ S1180

Sexual Images

NJ HB629

Sex offenses, certain; sexual extortion, unlawful creation of image of another, penalties.

NJ S2080

Revises law concerning prohibition of certain unsolicited checks.

Similar Bills

PA HB1970

In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.

CA AB1800

Portable electronics and optical products insurance.

TX SB1531

Relating to the electronic payment of ad valorem taxes; authorizing a fee.

PA SB861

In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.

NJ S1336

The "Uniform Electronic Wills Act"; authorizes electronic wills.

NJ A3229

The "Uniform Electronic Wills Act"; authorizes electronic wills.

MD SB842

Electronic Smoking Devices - Seizure and Wholesaler Record-Keeping Requirements

NV AB18

Revises provisions relating to the electronic filing of certain documents. (BDR 5-469)