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SYNOPSIS

Creates diversionary program for juveniles who are criminally 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.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. 2A: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 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), “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...
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