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Bill

A 2738

Creates penalty for child endangerment via use of social media.

2026-2027 Regular Session Introduced by Rosy Bagolie and 4 co-sponsors

Creates a crime of endangering a child via electronic communications on social media, with higher penalties for caretakers and lower for others.

Reported and Referred to Assembly Appropriations Committee
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Bill Summary · A 2738

Summary of Bill A-2738 (Session 222, New Jersey)

Purpose and Intent

  • The bill creates a new offense: child endangerment via the use of electronic communication, specifically targeting harmful or exploitative conduct directed at or involving a child under 18 on social media and other online platforms.
  • It aims to equip law enforcement with a tool to hold accountable individuals who use digital means to injure a child’s physical, mental, or moral welfare, or to direct a child into a dangerous occupation.

Key Provisions and Changes

New Child Endangerment Offense (via Electronic Communication)

  • A person commits child endangerment if, through electronic communication, they knowingly:
    • Act in a manner likely to be injurious to a child under 18, or
    • Direct or authorize a child to engage in an occupation involving substantial risk to the child’s life or health.
  • Penalties depend on the relationship to the child:
    • If the offender has a legal duty for the child or has assumed responsibility for the child’s care: crime is a second-degree offense.
    • Otherwise: crime is a third-degree offense.

Degrees and Penalties (Existing Framework Applied)

  • Second-degree crime: 5 to 10 years in prison, up to $150,000 fine, or both.
  • Third-degree crime: 3 to 5 years in prison, up to $15,000 fine, or both.

Definitions and Scope

  • The bill uses defined terms for clarity, including:
    • “Child” as anyone under 18.
    • “Electronic communication” includes but is not limited to communications via internet websites, social media, and social networking sites.
    • Exclusions: It does not include certain services such as interactive computer services or telecommunications service providers as defined by federal law.
    • “Directs or authorizes” a child to engage in dangerous work is included in the endangerment standard.
  • The term “peer-to-peer networks” and specific CSAE (child sexual exploitation) concepts appear in related statutory language, but the core offense here focuses on endangerment through online conduct.

Who Is Affected

  • Primary targets are individuals who use social media or electronic communication to exploit or endanger minors.
  • The bill distinguishes between caregivers (second-degree) and other actors (third-degree).

Procedural and Timeline Details

  • Effective date: The act takes effect immediately upon enactment.
  • Legislative history indicates early committee assignments (Introduced Jan 13, 2026; reported and referred to Assembly Appropriations on Feb 19, 2026), signaling a move toward potential floor consideration.

Practical Impact and Context

  • The measure adds a specific, enforceable crime category for online endangerment of children, aligning with concerns about exploitation of minors through social media.
  • By elevating penalties for caregivers or persons with a duty of care, the bill emphasizes the heightened accountability for those responsible for a child's welfare.
  • For non-caregivers, the offense remains serious but carries lower maximum penalties than the caregiver-based second-degree offenses.

Sponsors include multiple Assembly members, with co-sponsors listed, indicating bipartisan or cross-assembly backing.

Compiled from official sources — confirm details with the bill’s official record.

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