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O'Toole Calls for Tougher Child Pornography Laws

Proposed bill upgrades penalties, broadens coverage to makes distribution of images/videos of victims under the age of 18 illegal.

A state senator says child pornography legislation he introduced would make New Jersey laws the toughest in the nation.

According to Sen. Kevin O'Toole (R-40), bill S2493 will go a long way towards protecting families from sexual predators.

“These expansions and upgrades of child pornography penalties provide law enforcement and prosecutors with additional tools, including the ability to charge per offense, seek mandatory jail terms and keep certain predators behind bars without parole or early release,” O’Toole said. “This bill makes it easier to charge and convict for possession and distribution by establishing the use of child pornography file-sharing programs as a second-degree crime.”

O'Toole said the bill:

  • Broadens the coverage of child pornography laws to cover victims younger than 18 years of age; current law only covers those younger than 16 years of age.
  • Upgrades causing a child to engage in pornography from a second-degree crime to a first-degree crime.
  • Adds the crime of causing or engaging child pornography to the “No Early Release Act,” meaning a convict would have to serve at least 85 percent of his or her sentence to be eligible for release.
  • Imposes a mandatory prison sentence for those convicted of distributing at least 25 images of child pornography; for a second or subsequent offense, it establishes an extended prison term (associated with first-degree penalties) with no chance of parole.
  • Upgrades the crime of possession to a third-degree crime, from a fourth-degree crime, and imposes a mandatory prison sentence; for a second or subsequent offense, it establishes an extended prison term (associated with second-degree penalties) with no chance of parole.
  • Makes peer-to-peer file sharing a distribution crime, as opposed to possession.
  • Imposes parole supervision for life for those convicted of production and distribution of child pornography; it forces them to disclose any online accounts and passwords.
  • Disallows a conviction for possessing child pornography from being expunged from an offender’s record, making all child pornography crimes are permanently on offenders’ records. 
William Sneirson February 06, 2013 at 09:24 PM
How about a Law where institutions that harbor or fail to report pedophiles lose their tax exempt status?
Brian February 06, 2013 at 10:05 PM
What this law does is take a 16 year old kid who does some searching for dirty pictures of girls his age and puts him in jail. Furthermore he cannot have his record expunged so you effectively ruin his life. This for viewing material which was legal to view until about 1978. Making child porn laws stricter does nothing to deter criminals. It only adds to our tax burdens and makes the system even less just when kids are inadvertently searching banned material. Mr. O'Toole, stop grandstanding and go deal with some of the real issues plaguing this state.
Bob Royal February 07, 2013 at 10:10 PM
Brian, I would need to read the bill to see exactly what penalty, if any, would be imposed on the 16 year old in your hypothetical (or those who "inadvertently search banned material"). Did you read the bill or are you just generally opposed to child pornography laws? Child pornography ruins the lives of the children being exploited -- I think we should be concerned about them too, don't you?

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