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A 2767

Modifies child endangerment statute to include AI technology; establishes criminal penalties.

2026-2027 Regular Session Introduced by Rosy Bagolie and 10 co-sponsors

New Jersey A.2767 creates a new fourth-degree crime for knowingly or recklessly causing or allowing a child to be subjected to sexual conduct through AI-enabled automated interacti

Reported and Referred to Assembly Public Safety and Preparedness Committee
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Bill Summary · A 2767

Summary of New Jersey A.2767 (Session 222)

Purpose and Intent

  • This bill updates New Jersey’s child endangerment statute (N.J.S.2C:24-4) to address harm to children through automated interactive computer technology (AI-enabled tools, including chatbots and other online agents).
  • It creates a new fourth-degree crime for knowingly or recklessly causing or allowing a child to be subjected to sexual conduct via AI technology, with an explicit safety exception for AI designed to refrain from sexual conduct with children.
  • The law aims to close gaps where digital and AI-based interactions could be used to exploit or sexualize minors, extending criminal liability to creators, controllers, possessors, or promoters of such technology.

Key Provisions and Changes

Amendments to N.J.S.2C:24-4 (Endangering Welfare of Children)

  • Existing framework:
    • Second-degree endangerment: when a person with a legal duty to care for a child engages in sexual conduct that would impair the child’s morals.
    • Third-degree endangerment: by others who do not have a legal caregiving duty.
  • New subsection (a)(1)(b): Adds a fourth-degree offense for knowingly or recklessly causing or allowing a child to be subjected to sexual conduct through automated interactive computer technology capable of performing or simulating sexual conduct.
    • Exception: Not a violation if the AI technology is designed to refrain from sexual conduct when interacting with a child.

Definitions and Terms (subsection (b))

  • Clarifies terms for application, including:
    • “Child” = under 18
    • “Distribute,” “File-sharing program,” “Internet,” and “Peer-to-peer network”
    • “Item depicting the sexual exploitation or abuse of a child” (CSAEM) and specifics of what constitutes depiction or portrayal
    • “Prohibited sexual act” and related definitions
    • “Reproduction” and related scope (including computer-generated images)
    • Aggregation rules for sentencing purposes (how multiple items and distributions are counted)

Sentencing and Penalties (subsection (a) and (5)-(7))

  • Fourth-degree offense: up to 18 months imprisonment, fines up to $10,000, or both (new offense for AI-enabled exploitation).
  • Subparagraph (5) and related penalties address online distribution, possession, or storage of items depicting CSAE; includes strict liability provisions in certain contexts (e.g., failure to designate items as not available for search/copy on file-sharing programs).
  • Mandatory minimums and enhanced penalties apply based on the scale of the CSAE:
    • 1,000+ items: higher potential penalties and enhanced sentencing
    • 25–999 items: mandatory minimums and structured sentencing
    • Aggregation rules determine count and scope for sentencing purposes
  • Aggregation rules:
    • Distinguish between items counted as photos/images (one item) vs. films/video clips (ten items), with separate itemization for distribution acts.

Special Provisions

  • Strict liability for depicting a child assumed to be under 18, even if the actor believed the child was older, and when the image presents the appearance of under-18.
  • Aggregation and timing considerations: actions occurring at different times but within the statute of limitations may be counted together for sentencing.

Who Is Affected

  • Individuals who create, control, possess, disseminate, promote, or otherwise facilitate AI technologies or online platforms that could be used to sexualize or exploit minors through automated interactive technologies.
  • Caregivers and other persons with a duty to protect children, now potentially liable for AI-enabled harms.
  • Offenders across first–third degree categories (for other CSAE-related acts) with enhanced fourth-degree liability for AI-enabled acts.

Timeline and Effective Date

  • This act provides that it shall take effect immediately upon enactment.

Additional Context

  • The bill aligns with NJ case law recognizing that endangerment can occur through online or telecommunication-based sexual conduct without physical contact.
  • It complements existing statutes addressing CSAE by incorporating AI technology into criminal liability, with explicit safety features allowing exemptions where AI safely avoids sexual content with minors.

Sponsors: Multiple legislators (including Co-sponsors listed)
Action history indicates committee referrals in early 2026.

If you’d like, I can provide a plain-language one-page briefing or a side-by-side comparison with the current statute to highlight exact changes.

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

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