Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Upgrades crime of photographing, filming, or disseminating photos or films showing person’s intimate parts or sexual conduct when person has not consented to the photography, filming, or disseminating.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning invasion of privacy and amending P.L.2003, c.206.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2003, c.206 (C.2C:14-9) is amended to read as follows:
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] second 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] second 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.
(cf: P.L.2003, c.206, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would upgrade, from a crime of the third degree to a crime of the second degree, the crime of photographing, filming, or disseminating photos or films showing a person’s intimate parts or sexual conduct when the person has not consented to the photographing, filming, or disseminating.
Under section 1 of P.L.2003, c.206 (C.2C:14-9), it is a crime of the third degree if a person, knowing that he is not licensed or privileged to do so, 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.
It is also a crime of the third degree to disclose such a photograph, film, videotape, recording or other reproduction unless that person has consented to such disclosure. The statute defines "disclose" as sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.
This bill would upgrade both the third degree crime of photographing, filming, videotaping, recording, or reproducing, and the third degree crime of disclosing the photograph, film, videotape, recording, or other reproduction. Both would be crimes of the second degree.
A crime of the third degree is generally punishable by a term of imprisonment of three to five years or a fine up to $15,000, or both; a crime of the second degree, by a term of five to ten years or a fine up to $150,000, or both.