Clarifies consent to being photographed, filmed, or recorded in a sexual manner does not include or imply consent to disclosure of image.

A2303

ASSEMBLY, No. 2303

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblywoman HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

Co-Sponsored by:

Assemblyman Karabinchak, Assemblywomen Murphy, Park,
Assemblymen Rodriguez, Webber, Assemblywoman Speight, Assemblyman Sampson and
Assemblywoman Bagolie

SYNOPSIS

���� Clarifies consent to being photographed, filmed, or
recorded in a sexual manner does not include or imply consent to disclosure of
image.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.� (1)� 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.

���� (2)�� An actor commits a crime
of the fourth 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 the undergarment-clad intimate parts of another person,
without that person�s consent and under circumstances in which a reasonable
person would not expect to have his undergarment-clad intimate parts 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, taken
[
in
violation of subsection b. of this section,
]

of: (1) another person who is engaged in an act of sexual penetration or sexual
contact; (2) another person whose intimate parts are exposed; or (3) another
person�s undergarment-clad intimate parts, unless that person has consented to
such disclosure.

����
For purposes of this
subsection, a person�s consent to being photographed, filmed, videotaped,
recorded, observed, or otherwise having their image reproduced shall not be
construed to include or imply the person�s consent to the disclosure of such
image.� A person�s consent to disclosure shall be strictly construed to be
limited only to the express purpose for which consent was obtained.

���� For purposes of this
subsection: (1) �disclose� means sell, manufacture, give, provide, lend, trade,
mail, deliver, transfer, publish, distribute, circulate, disseminate, present,
exhibit, advertise, offer, share, or make available via the Internet or by any
other means, whether for pecuniary gain or not; and (2) �intimate parts� has
the meaning ascribed to it in N.J.S.2C:14-1.� 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.2016, c.2, s.1)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill amends the invasion
of privacy statute, N.J.S.A.2C:14-9, to clarify that a person�s consent to
being photographed, filmed, videotaped, recorded, observed, or otherwise having
their nude, sexual, or sexually suggestive image reproduced is not be construed
to include or imply the person�s consent to the disclosure of such image.� The
bill also requires that a person�s consent to disclosure is strictly construed
to be limited only to the express purpose for which consent was obtained.

���� Under current law, a person�s
consent to the taking of the image could be construed to also waive any
restriction on the subsequent disclosure of the image.� Under the bill, taking
an image and disclosing an image are two separate acts that require two separate
instances of consent.