Proposed law would impose strict reporting duties and major penalties for gaming platforms that fail to act on suspected trafficking.
TRENTON, NJ – A new proposal in the New Jersey Assembly seeks to combat human trafficking conducted through online and in-person video game marketplaces. The bipartisan measure, introduced by Assemblyman Gerry Scharfenberger and Assemblywoman Victoria Flynn (both R-13), establishes new criminal penalties for platforms and individuals who knowingly facilitate or fail to report trafficking activities.
Key Points
- The “Video Game Marketplace Child Protection and Anti-Trafficking Act” creates new first- and second-degree crimes related to trafficking on gaming platforms.
- The bill requires gaming companies to adopt written anti-trafficking policies and report suspected cases to law enforcement within 24 hours.
- Repeated non-compliance could lead to civil penalties, loss of licenses, and classification as a public nuisance.
Expanding anti-trafficking laws into the digital gaming world
Under Assembly Bill 4470, knowingly recruiting, exploiting, or facilitating trafficking through an online gaming platform or video game marketplace would constitute a first-degree crime, carrying penalties of 20 years to life imprisonment and fines between $100,000 and $500,000. The measure expands the state’s existing human trafficking statute to cover digital communications, mobile networks, and gaming systems used to lure or exploit victims.
The bill defines a “video game marketplace” as any physical or online space—such as an app, website, or convention—used to sell, trade, or communicate about games or gaming content. This broad definition is intended to close loopholes that traffickers have exploited by disguising illegal activity as legitimate online interactions.
Mandatory reporting and enforcement provisions
The legislation would require every gaming platform operating in New Jersey to implement an anti-trafficking policy outlining procedures for content moderation, evidence preservation, and law enforcement reporting. Any suspected trafficking activity must be reported to authorities within 24 hours of discovery.
Failure to comply could result in civil fines of up to $20,000 per violation. Companies with multiple offenses in a two-year period could be declared a public nuisance and face further legal action or loss of operating privileges.
The bill also provides immunity from civil or criminal liability for platforms and employees that act in good faith to report suspected trafficking incidents.
Holding platforms accountable for negligence
Platform owners or operators who knowingly permit, or recklessly fail to prevent, trafficking after receiving notice would face second-degree charges—punishable by five to ten years in prison and fines up to $150,000.
Supporters of the legislation say it reflects a growing need to address criminal exploitation occurring in online spaces frequently used by minors. The bill underscores how traffickers are adapting to new technologies and provides law enforcement with expanded authority to pursue digital offenders.
If passed, the act would take effect on the first day of the third month following enactment, giving gaming companies time to update compliance policies and train employees in anti-trafficking procedures.
