The Video Game Marketplace Child Protection and Anti-Trafficking Act introduces stringent penalties for individuals and entities that fail to report suspected human trafficking activities within video game marketplaces. The bill criminalizes the recruitment, exploitation, or facilitation of trafficking through online platforms, categorizing knowingly facilitating such trafficking as a first-degree crime. Offenders face severe penalties, including a minimum prison term of 20 years and fines ranging from $100,000 to $500,000, which will support the Human Trafficking Survivors Assistance Fund. The legislation emphasizes accountability by mandating that gaming platforms adopt written policies to prevent human trafficking, which must include procedures for content moderation, reporting suspected trafficking, and preserving evidence for law enforcement.

Furthermore, the bill requires that any suspected human trafficking activity be reported to law enforcement within 24 hours, providing immunity from civil or criminal liability for those who report in good faith. Non-compliance can result in civil penalties of up to $20,000 per violation, and platforms with multiple violations may be classified as a public nuisance. The legislation also establishes a second-degree offense for platform operators who fail to prevent trafficking after being notified, with an affirmative defense for those who take prompt corrective action. Overall, the bill aims to protect victims of human trafficking and child abuse in the context of online gaming while holding accountable those who facilitate or neglect to prevent such crimes.

Statutes affected:
Introduced: 2C:13-8, 2C:13-9, 2C:13-10