2C:14-9
Invasion of privacy, degree of crime; defenses, privileges
1. a. An
actor commits a crime of the fourth degree if, knowing that he is not licensed
or privileged to do so, and under circumstances in which a reasonable
person would know that another may expose intimate parts or may engage in
sexual penetration or sexual contact, he observes another person without that
person's consent and under circumstances in which a reasonable person would not
expect to be observed.
b.An actor commits a crime
of the third degree if, knowing that he is not licensed or privileged to
do so, he photographs, films, videotapes, records, or otherwise reproduces in
any manner, the image of another person whose intimate parts are exposed or who
is engaged in an act of sexual penetration or sexual contact, without that
person's consent and under circumstances in which a reasonable person would not
expect to be observed.
c.An actor commits a crime
of the third degree if, knowing that he is not licensed or privileged to do so,
he discloses any photograph, film, videotape, recording or any other
reproduction of the image of another person whose intimate parts are exposed or
who is engaged in an act of sexual penetration or sexual contact, unless that
person has consented to such disclosure. For purposes of this subsection,
"disclose" means sell, manufacture, give, provide, lend, trade, mail,
deliver, transfer, publish, distribute, circulate, disseminate, present,
exhibit, advertise or offer. Notwithstanding the provisions of subsection
b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a
violation of this subsection.
d.It is an affirmative
defense to a crime under this section that:
(1)the actor posted or
otherwise provided prior notice to the person of the actor's intent to engage
in the conduct specified in subsection a., b., or c., and
(2)the actor acted with a
lawful purpose.
e. (1) It shall
not be a violation of subsection a. or b. to observe another person in the
access way, foyer or entrance to a fitting room or dressing room operated by a
retail establishment or to photograph, film, videotape, record or otherwise
reproduce the image of such person, if the actor conspicuously posts at the
entrance to the fitting room or dressing room prior notice of his intent to
make the observations, photographs, films, videotapes, recordings or other
reproductions.
(2)It shall be a violation
of subsection c. to disclose in any manner any such photograph, film, videotape
or recording of another person using a fitting room or dressing room
except under the following circumstances:
(a)to law enforcement
officers in connection with a criminal prosecution;
(b)pursuant to subpoena or
court order for use in a legal proceeding; or
(c)to a co-worker, manager
or supervisor acting within the scope of his employment.
f.It shall be a violation
of subsection a. or b. to observe another person in a private dressing stall of
a fitting room or dressing room operated by a retail establishment or to
photograph, film, videotape, record or otherwise reproduce the image of another
person in a private dressing stall of a fitting room or dressing room.
g.For purposes of this
act, a law enforcement officer, or a corrections officer or guard in a
correctional facility or jail, who is engaged in the official performance of
his duties shall be deemed to be licensed or privileged to make and to disclose
observations, photographs, films, videotapes, recordings or any other
reproductions.
h.Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under subsection b. of this section shall not merge with a conviction under
subsection c. of this section, nor shall a conviction under subsection c. merge
with a conviction under subsection b.