Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Prohibits sex offenders from distributing candy or other items to children on Halloween.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sex offenders and amending P.L.2009, c.139.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2009, c.139 (C.2C:7-23) is amended to read as follows:
2. a. Except as otherwise provided in subsection e. of this section, it shall be unlawful for an excluded sex offender to hold a position or otherwise participate, in a paid or unpaid capacity, in a youth serving organization.
b. A person who violates subsection a. of this section is guilty of a crime of the third degree.
c. A person who knowingly hires, engages or appoints an excluded sex offender to serve in a youth serving organization in violation of subsection a. of this section is guilty of a crime of the fourth degree.
d. The provisions of this act shall not apply to participation by an excluded sex offender under 18 years of age in a youth serving organization which provides rehabilitative or other services to juvenile sex offenders.
e. It shall not be a violation of subsection a. of this section for an excluded sex offender to serve in a youth serving organization if the excluded sex offender is under Parole Board supervision and the Parole Board has given express written permission for the excluded sex offender to hold a position or otherwise participate in that particular youth serving organization.
f. Nothing herein shall be construed to authorize an excluded sex offender, as defined in section 1 of P.L.2009, c.139 (C.2C:7-22), to hold a position or otherwise participate, in a paid or unpaid capacity, in a youth serving organization or any other entity from which the excluded sex offender is otherwise statutorily disqualified.
g. It shall be a crime of the fourth degree for an excluded sex offender to distribute candy or other items to children under 18 years of age on Halloween or at any event celebrating Halloween.
(cf: P.L.2009, c.139, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits excluded sex offenders from distributing candy or other items to children under 18 years of age on Halloween or at any event celebrating. The phrase “excluded sex offender” is defined in section 1 of P.L.2009, c.139 (C.2C:7-22) as a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense, which involves a victim under 18 years of age.
Under the bill, an excluded sex offender who distributes candy or other items to children on Halloween or at an event celebrating Halloween is guilty of a fourth degree crime, which is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.