Revises civil remedies for victims of invasion of privacy due to unauthorized recording or disclosure of sexual or intimate images.

A4213

ASSEMBLY, No. 4213

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Revises civil remedies for victims of invasion of
privacy due to unauthorized recording or disclosure of sexual or intimate
images.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning civil remedies for victims of
invasion of privacy under certain circumstances, and amending P.L.2003, c.206.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� Section
2 of P.L.2003, c.206 (C.2A:58D-1) is amended to read as follows:

����� 2.�� a.�����
[
An
]

Except as
provided in subsection e. of this section, an
actor who, in violation of
section 1 of P.L.2003, c.206 (C.2C:14-9), photographs, films, videotapes,
records, or otherwise reproduces in any manner
without consent
, the
image of another person who is engaged in an act of sexual penetration or
sexual contact, the exposed intimate parts of another person, or the
undergarment-clad intimate parts of another person shall be liable to that
person, who may bring a civil action in the Superior Court.

����� b.��
[
An
]

Except as
provided in subsection e. of this section, an
actor who, in violation of
section 1 of P.L.2003, c.206 (C.2C:14-9), discloses
without consent
any
photograph, film, videotape, recording or any other reproduction of the image
of another person who is engaged in an act of sexual penetration or sexual
contact, the exposed intimate parts of another person, or the undergarment-clad
intimate parts of another person
, or threatens to commit a violation,

shall be liable to that person, who may bring a civil action in the Superior
Court.

����� For
purposes of this section:
[
(1)
]

�consent� means affirmative, conscious, and
voluntary authorization by a person with sufficient capacity to provide the
authorization;
�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.

�����
The
consent by a person to being photographed, filmed, videotaped, recorded, or
otherwise having the person�s image reproduced in any manner, or making a
previous confidential disclosure of the person�s image to the actor or another,
does not establish by itself that the person consented to the disclosure of the
image by an actor alleged to have violated or threatened to violate section 1
of P.L.2003, c.206 (C.2C:14-9).

����� c.��
In
an action under this section:

�����
(1)
A person shall file the complaint in the Law Division of the Superior Court as
a confidential matter and make other filings using a fictitious name or
initials and without listing the person�s address.

�����
(2)� Nothing
contained in paragraph (1) of this subsection shall prohibit the court from
imposing further restrictions with regard to the disclosure of the person�s
name, address, or other identifying information, or image or part thereof
displaying an identifying characteristic of the person when it deems it
necessary to protect the person�s interest in privacy.

����� �
d.
� The
court may award:

����� (1)�
(a)
the greater of the
actual
economic and noneconomic
damages
proximately
caused by the actor�s violation or threatened violation of section 1 of
P.L.2003, c.206 (C.2C:14-9), including damages for emotional distress whether
or not accompanied by other damages
,
[
but
]

or
not less than liquidated damages computed
at
[
the
]

a
rate
[
of $1,000
]

not to exceed $10,000
for each violation
[
of this act
]

or threatened
violation, which amount shall take into consideration the age of the actor who
committed the violation or threatened violation, the number of times a
violation or threatened violation occurred, the breadth of disclosure of the
person�s image by the actor, if applicable, and other relevant factors; and

�����
(b)� an
amount equal to any financial gain achieved by the actor from the disclosure of
the person�s image, if applicable
;

����� (2)� punitive
damages upon proof of willful or reckless disregard of the law;

����� (3)� reasonable
attorney's fees and other litigation costs reasonably incurred; and

����� (4)� such
other preliminary and equitable relief as the court determines to be
appropriate.

����� A
conviction of a violation of section 1 of P.L.2003, c.206 (C.2C:14-9) shall not
be a prerequisite for a civil action brought pursuant to this section.

����� �
e.� The
following represent exceptions or limitations to liability regarding any civil
action brought pursuant to this section:

�����
(1)
An actor shall not be liable in a civil action brought pursuant to subsection
b. of this section if a disclosure or threatened disclosure of an image of a
person who is engaged in an act of sexual penetration or sexual contact, the
exposed intimate parts of a person, or the undergarment-clad intimate parts of
a person is:

�����
(a)� made
in good faith to law enforcement, in a legal proceeding, or for medical
education or treatment;

�����
(b)� made
in good faith in the reporting or investigation of unlawful conduct, or
unsolicited and unwelcome conduct;

�����
(c)� related
to a matter of public concern or public interest; or

�����
(d) reasonably
intended to assist the person.

�����
(2)
A child�s parent, guardian, or other lawful custodian, or a consistent
caretaker shall not be liable in a civil action brought pursuant to subsection
b. of this section if a disclosure of the child�s image is:

�����
(a)� not
prohibited by law; and

�����
(b)� not
made for the purpose of sexual arousal, sexual gratification, humiliation,
degradation, or monetary or commercial gain.

�����
For
purposes of this paragraph: �consistent caretaker� means an individual who,
without expectation of compensation: lived with a child for at least 12 months,
unless the court finds good cause to accept a shorter period; regularly
exercised physical care and supervision of the child; made decisions regarding
the child solely or in cooperation with a parent, guardian, or other lawful
custodian, or as a result of the parent being unable, unavailable, or unwilling
to provide physical care and supervision for the child; and established a
bonded and dependent relationship with the child with the express or implied
support of the parent of the child, or without consent if no parent has been
able, available, or willing to provide physical care and supervision; �parent�
means a child�s natural parent or other person recognized as a parent under the
laws of this State.

�����
(3)� The
disclosure of an image of a person who is engaged in an act of sexual
penetration or sexual contact, the exposed intimate parts of a person, or the
undergarment-clad intimate parts of a person is not a matter of public concern
or public interest solely because the person in the image is a public figure.

�����
(4)� The
provisions of this section do not alter, conflict, or establish any liability
that is inconsistent with section 230 of the Communications Act of 1934 (47
U.S.C. s.230).

(cf:
P.L.2016, c.2, s.2)

���� 2.��� This act shall take
effect immediately, and apply to any civil action filed based upon an actor who
commits a violation or threatens to commit a violation of section 1 of
P.L.2003, c.206 (C.2C:14-9) on or after that date.

STATEMENT

�����
This bill would revise the civil remedies for
victims of invasion of privacy due to the unauthorized recording or disclosing
of sexual or intimate images, or the threat of disclosing such images, in
violation of section 1 of P.L.2003, c.206 (C.2C:14-9).� These remedies would be
pursued in a civil action brought in the Law Division of the Superior Court.

���� To clarify the concept of
consent, the bill provides that the consent by a person to being photographed,
filmed, videotaped, recorded, or otherwise having the person�s sexual or
intimate image reproduced in any manner, or making a previous confidential disclosure
of such an image to the actor or another, does not establish by itself that the
person consented to the disclosure of the image by an actor alleged to have
violated or threatened to violate section 1 of P.L.2003, c.206 (C.2C:14-9).

���� Under the bill, a person is
permitted to file the complaint in the Law Division of the Superior Court as a
confidential matter and may use a fictitious name or initials, and does not
have to list the person�s address.

���� Regarding damages for
liability, the court could award:

���� - the greater of the actual
economic and noneconomic damages proximately caused by the actor�s violation or
threatened violation of section 1 of P.L.2003, c.206 (C.2C:14-9), including
damages for emotional distress whether or not accompanied by other damages, or
not less than liquidated damages computed at a rate not to exceed $10,000
(increased from $1,000 under current law) for each violation or threatened
violation.� The amount of liquidated damages adjudged would take into
consideration the age of the actor who committed the violation or threatened
violation, the number of times a violation or threatened violation occurred,
the breadth of disclosure of the person�s image by the actor, if applicable,
and other relevant factors; plus

���� - an amount equal to any
financial gain achieved by the actor from the disclosure of the person�s image,
if applicable.

���� Pursuant to current law, an
award could also include punitive damages upon proof of willful or reckless
disregard of the law, reasonable attorney's fees and other litigation costs
reasonably incurred, and such other preliminary and equitable relief as the
court determines to be appropriate.

���� Lastly, the bill incorporates
several exceptions or limitations to liability regarding any civil action.

���� An actor would not be liable
if a disclosure or threatened disclosure of a sexual or intimate image of a
person is:

���� - made in good faith to law
enforcement, in a legal proceeding, or for medical education or treatment;

���� - made in good faith in the
reporting or investigation of unlawful conduct, or unsolicited and unwelcome
conduct;

���� - related to a matter of
public concern or public interest; or

���� - reasonably intended to
assist the person.

���� A child�s parent, guardian,
lawful custodian, or �consistent caretaker,� as the term is defined in the
bill, would not be liable if a disclosure of the child�s image is not
prohibited by law, and not made for the purpose of sexual arousal, sexual
gratification, humiliation, degradation, or monetary or commercial gain.

���� Finally, the bill provides
that its provisions do not alter, conflict, or establish any liability that is
inconsistent with section 230 of the Federal Communications Act of 1934 (47
U.S.C. s.230), which provides civil immunity for a �provider of interactive
computer service� (which is an Internet service provider or website that hosts
content created by third-party users, and for purposes of this bill may host
third-party generated sexual or intimate images), as State law must be
consistent with this federal section of law in order for civil actions seeking
damages to proceed.