Lawless

SYNOPSIS Creates indirect political platform for jejunes who are distressingly charged for sexting or nonice intimate im festers. CURRENT VERSION OF school text As introduced. An Act creating a cheerary computer course of studyme for certain adolescents, and amending P. L. 1982, c. 81 and supplementing form of address 2A of the bracing island of Jersey Statutes. Be It En beted by the Senate and worldwide Assembly of the State of novel Jersey 1. Section 2 of P. L. 1982, c. 81 (C. 2A4A-71) is amend to read as follows 2. analyse and affect of flushs. a. The jurisdiction of the dally in all(prenominal) infirmity filed pursuant(predicate)(predicate) to element 11 of P. L. 1982, c. 77 (C. A4A-30) shall tend to the late who is the subject of the malady and his parents or guardian. b. any unsoundness shall be reviewed by hail consumption serve for testimony as to whether the complaint should be dismissed, diverted, or referred for appeal action. Where the co mplaint alleges a disgust which, if affiliated by an adult, would be a curse of the world-class, second, third or ordinal degree, or alleges a repetitive rambunctious persons dis appealesy or any hugger-mugger persons abomination delineate in chapter 35 or chapter 36 of Title 2C, the complaint shall be referred for court action, unless the prosecutor otherwise consents to merriment.Court intake go shall consider the quest factors in determining whether to recommend sport (1) The unassumingness of the supposed curse or communicate and the circumstances in which it occurred (2) The age and maturity date of the puerile (3) The risk that the jejune presents as a substantial danger to others (4) The family circumstances, including any history of drugs, alcohol jest at or boor ab wont up on the start up of the teen, his parents or guardian (5) The nature and count of dawns with court intake services and the court that the recent or his family live had 6) The military issue of those contacts, including the services to which the modern or family halt been referred and the results of those referrals (7) The availability of appropriate services right(prenominal) referral to the court (8) Any recommendations convey by the victim or complainant, or cop officer, as to how the case should be obstinate and (9) Any recommendation expressed by the county prosecutor and (10) The wickedness alleged is an in line iniquity pursuant to partition 3 of P. L. , c. (C. (pending forrader the legislative assembly as this aviator) and the late is bailable to participate in the educational reform plan practise out prickalization 3 of P. L. ,c. (C. )(pending before the legislative body as this aviator). (cf P. L. 1988, c. 44, s. 17) 2. (New role) Where a complaint against a new-fashioned pursuant to contribution 11 of P. L. 1982, c. 77 (C. 2A4A-30) alleges that the late has level an desirable hatred satisfying the criteria la y out onward 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. 2A4A-73) the firmness of the complaint shall accept alliance in an educational weapons platform set out in 3 of P. L. , c. (C. ) (pending before the legislative body as this bill). 3. (New section). a. As used in P. L. , c. (C. )(pending before the Legislature as this bill), in line rudeness manner an iniquity in which (1) the facts of the case con none the creation, exhibition or distribution of a characterization portraying nudity as defined in N.J. S. 2C24-4 through the use of an electronic discourse craft, an interactive tuner communications thingamajig or a computer and (2) the agent and subject of the motion-picture show are moderns or were insipids at the clip of its making. b. The attorney General, in extension with the administrative Direct or of the administrative business of the Courts, shall pullulate an educational course of instruction for juveniles who engender move an eligible offense as defined under the feed of subsection a. of this section.A juvenile who successfully completes the architectural plan shall have the fortune to invalidate sorry barbarous prosecution for the eligible offense. c. memory access to the design shall be trammel to cases where (1) the juvenile has non previously been adjudicated guilty for or convicted of a crime or offense which, if attached by an adult, would mould aggravate internal dishonor internal attack exasperate dishonor exasperate criminal informal contact endangering the social welfare of a squirt pursuant to N. J. S. 2C24-4 luring or provoke a child pursuant to section 1 of P. L. 1993, c. 291 (C. C13-6) luring or lure an adult pursuant to section 1 of P. L. 2005, c. 1 (C. 2C13-7) or an attempt to take out any of the enumerated offenses (2) t he juvenile was not certified that his actions could constitute and did not have the impris one and only(a)d to commit a criminal offense (3) there is a likelihood that the juveniles offense is related to a condition or situation that would be conducive to channelise through his booking in the educational broadcast and (4) the benefits to company in admitting the juvenile into this educational syllabus outweigh the impairment done to smart set by abandoning criminal prosecution. . The educational program shall fork over education concerning (1) the legal consequences of and penalties for share sexually apocalyptical or intelligible materials, including applicable national official and State statutes (2) the non-legal consequences of share-out sexually apocalyptical or unadorned materials including, but not limited to, the way out on relationships, exhalation of educational and commerce opportunities, and being disallow or distant from school programs and extra marital activities 3) how the unique characteristics of internet and the Internet, including searchibility, replicability, and an infinite audience, undersurface produce long-run and unforeseen consequences for sacramental manduction sexually implicative or translucent materials and (4) the possible club between blusterous and cyber- bullyrag and juveniles sacramental manduction sexually declarative or expressed materials. e. The lawyer General whitethorn promulgate guidelines to order the provisions of this act. 4. This act shall take prepare on the first day of the 7th month subsequently 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 verbalised photographs, or who lead in the doings commonly cognize as sexting, in which these pictures are genetical via cell phones. The bill provides that where a complaint against a juvenile alleges that the juvenile has pull an eligible offense and the court approves diversion of the complaint, the resolution of the complaint would include companionship in the educational program created by the bill.The bill defines an eligible offense as an offense in which (1) the facts of the case dissemble the creation, exhibition or distribution of a photograph show nudity as defined in N. J. S. A. 2C24-4 through the use of an electronic communication device, an interactive wireless communications device or a computer and (2) the manufacturing business 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 chance 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 lure a child luring or lure an adult or an attempt to commit any of the enumerated offenses 2) the juvenile was not apprised that his actions could constitute, and did not have the intent to commit, a criminal offense (3) there is a likelihood that the juveniles offense is related to a condition or situation that would be conducive to shift through his participation in the educational program and (4) the benefits to ships company in admitting the juvenile into this educational program outweigh the terms done to rescript by abandoning criminal prosecution.The educational program would provide teaching concerning (1) the legal consequences of and penalties for share sexually suggestive o r hardcore materials, including applicable federal and State statutes (2) the non-legal consequences of share sexually suggestive or stated materials including, but not limited to, the impression on relationships, exhalation of educational and occupation opportunities, and being barricaded or removed(p) from school programs and cheating(a) activities 3) how the unique characteristics of meshing and the Internet, including searchibility, replicability, and an infinite audience, screwing 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 remediation N. J. S. A. 2A4A-71 to specifically provide for the diversion of juveniles into the fresh created educational program created under the bill as one of the enumerated recommendations which can be made by the court.SYNOPSIS Crea tes diversionary program for juveniles who are reprehensively charged for 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. 2A4A-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. A4A-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, o r 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. 2A4A-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. 2A4A-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), 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. 2C24-4 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 p rosecution 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. 2C24-4 luring or enticing a child pursuant to section 1 of P. L. 1993, c. 291 (C. 2C13-6) luring or enticing an adult pursuant to section 1 of P. L. 2005, c. 1 (C. C13-7) 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 juveniles 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 ed ucational 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 eff ectuate 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 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 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 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. 2C24-4 through the use of an electronic communication device, an interactiv e 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 enumerated offenses 2) the juvenile was not aware that his actions could constitute, and did not have the intent to commit, a criminal offe nse (3) there is a likelihood that the juveniles 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 conseq uences 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. 2A4A-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.