Upgrades crime of invasion of privacy under certain circumstances; eliminates presumption of nonimprisonment.

A4430

ASSEMBLY, No. 4430

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

DAssemblywoman� AURA K. DUNN

District 25 (Morris and Passaic)

SYNOPSIS

���� Upgrades crime of invasion of privacy under certain
circumstances; eliminates presumption of nonimprisonment.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning invasion of privacy and amending
P.L.2003,
c.206 and N.J.S.2C:44-1.

����
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
]

third

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. �
The
presumption of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1
shall not apply to persons convicted under the provisions of this subsection.

���� b.��� (1) 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.

���� (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
]

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, 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: (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.��� N.J.S.2C:44-1 is amended
to read as follows:

���� 2C:44-1. a. In determining the
appropriate sentence to be imposed on a person who has been convicted of an
offense, the court shall consider the following aggravating circumstances:

���� (1)�� The nature and
circumstances of the offense, and the role of the actor in committing the
offense, including whether or not it was committed in an especially heinous,
cruel, or depraved manner;

���� (2)�� The gravity and
seriousness of harm inflicted on the victim, including whether or not the
defendant knew or reasonably should have known that the victim of the offense
was particularly vulnerable or incapable of resistance due to advanced age,
ill-health, or extreme youth, or was for any other reason substantially
incapable of exercising normal physical or mental power of resistance;

���� (3)�� The risk that the
defendant will commit another offense;

���� (4)�� A lesser sentence will
depreciate the seriousness of the defendant�s offense because it involved a
breach of the public trust under chapters 27 and 30 of this title, or the
defendant took advantage of a position of trust or confidence to commit the
offense;

���� (5)�� There is a substantial
likelihood that the defendant is involved in organized criminal activity;

���� (6)�� The extent of the
defendant�s prior criminal record and the seriousness of the offenses of which
the defendant has been convicted;

���� (7)�� The defendant committed
the offense pursuant to an agreement to either pay or be paid for the
commission of the offense and the pecuniary incentive was beyond that inherent
in the offense itself;

���� (8)�� The defendant committed
the offense against a police or other law enforcement officer, correctional
employee or firefighter, acting in the performance of the officer, employee, or
firefighter duties while in uniform or exhibiting evidence of his authority;
the defendant committed the offense because of the status of the victim as a
public servant; the defendant committed the offense against a sports official,
athletic coach or manager, acting in or immediately following the performance
of the person�s duties or because of the person�s status as a sports official,
coach or manager; or the defendant committed the offense against any health
care professional, volunteer working for a health care professional or working
at a health care facility, supportive services staff member working for a
health care professional or working at a health care facility, or employee of a
health care professional or health care facility, while the health care
professional, volunteer, supportive services staff member, or employee is
performing official duties.

���� For the purposes of this
paragraph, �health care facility� and �health care professional� mean the same
as those terms are defined

in subsection b. of section 3 of
P.L.2023, c.48 (C.2C:12-3.1).

���� (9)�� The need for deterring
the defendant and others from violating the law;

���� (10) The offense involved
fraudulent or deceptive practices committed against any department or division
of State government;

���� (11) The imposition of a fine,
penalty, or order of restitution without also imposing a term of imprisonment
would be perceived by the defendant or others merely as part of the cost of
doing business, or as an acceptable contingent business or operating expense
associated with the initial decision to resort to unlawful practices;

���� (12) The defendant committed
the offense against a person who the defendant knew or should have known was 60
years of age or older, or disabled;

���� (13) The defendant, while in
the course of committing or attempting to commit the crime, including the
immediate flight therefrom, used or was in possession of a stolen motor
vehicle;

���� (14) The offense involved an
act of domestic violence, as that term is defined in subsection a. of section 3
of P.L.1991, c.261 (C.2C:25-19), committed in the presence of a child under 16
years of age; and

���� (15) The offense involved an
act of domestic violence, as that term is defined in subsection a. of section 3
of P.L.1991, c.261 (C.2C:25-19) and the defendant committed at least one act of
domestic violence on more than one occasion.

���� b.��� In determining the
appropriate sentence to be imposed on a person who has been convicted of an
offense, the court may properly consider the following mitigating
circumstances:

���� (1)�� The defendant�s conduct
neither caused nor threatened serious harm;

���� (2)�� The defendant did not
contemplate that the defendant�s conduct would cause or threaten serious harm;

���� (3)�� The defendant acted
under a strong provocation;

���� (4)�� There were substantial
grounds tending to excuse or justify the defendant�s conduct, though failing to
establish a defense;

���� (5)�� The victim of the
defendant�s conduct induced or facilitated its commission;

���� (6)�� The defendant has
compensated or will compensate the victim of the defendant�s conduct for the
damage or injury that the victim sustained, or will participate in a program of
community service;

���� (7)�� The defendant has no
history of prior delinquency or criminal activity or has led a law-abiding life
for a substantial period of time before the commission of the present offense;

���� (8)�� The defendant�s conduct
was the result of circumstances unlikely to recur;

���� (9)�� The character and
attitude of the defendant indicate that the defendant is unlikely to commit
another offense;

���� (10) The defendant is
particularly likely to respond affirmatively to probationary treatment;

���� (11) The imprisonment of the
defendant would entail excessive hardship to the defendant or the defendant�s
dependents;

���� (12) The willingness of the
defendant to cooperate with law enforcement authorities;

���� (13) The conduct of a youthful
defendant was substantially influenced by another person more mature than the
defendant; and

���� (14) The defendant was under
26 years of age at the time of the commission of the offense.�

���� c.���� (1) A plea of guilty by
a defendant or failure to so plead shall not be considered in withholding or
imposing a sentence of imprisonment.

���� (2)�� When imposing a sentence
of imprisonment the court shall consider the defendant�s eligibility for
release under the law governing parole, including time credits awarded pursuant
to Title 30 of the Revised Statutes, in determining the appropriate term of
imprisonment.

���� d.��� Presumption of
imprisonment. The court shall deal with a person who has been convicted of a
crime of the first or second degree, or a crime of the third degree where the
court finds that the aggravating factor in paragraph (5), (14), or (15) of
subsection a. of this section applies, by imposing a sentence of imprisonment
unless, having regard to the character and condition of the defendant, it is of
the opinion that the defendant�s imprisonment would be a serious injustice
which overrides the need to deter such conduct by others.� Notwithstanding the
provisions of subsection e. of this section, the court shall deal with a person
who has been convicted of theft of a motor vehicle or of the unlawful taking of
a motor vehicle and who has previously been convicted of either offense by
imposing a sentence of imprisonment unless, having regard to the character and
condition of the defendant, it is of the opinion that imprisonment would be a
serious injustice which overrides the need to deter such conduct by others.�

���� e.���� The court shall deal
with a person convicted of an offense other than a crime of the first or second
degree, who has not previously been convicted of an offense, without imposing a
sentence of imprisonment unless, having regard to the nature and circumstances
of the offense and the history, character, and condition of the defendant, it
is of the opinion that imprisonment is necessary for the protection of the
public under the criteria set forth in subsection a. of this section, except
that this subsection shall not apply if the court finds that the aggravating
factor in paragraph (5), (14) or (15) of subsection a. of this section applies
or if the person is convicted of any of the following crimes of the third
degree: theft of a motor vehicle; unlawful taking of a motor vehicle; eluding;
strict liability vehicular homicide pursuant to section 1 of P.L.2017, c.165
(C.2C:11-5.3); if the person is convicted of a crime of the third degree
constituting use of a false government document in violation of subsection c.
of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a
crime of the third degree constituting distribution, manufacture or possession
of an item containing personal identifying information in violation of
subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is
convicted of a crime of the third or fourth degree constituting bias
intimidation in violation of N.J.S.2C:16-1; if the person is convicted of a
crime of the third degree under paragraph (12) of subsection b. of
N.J.S.2C:12-1 or section 2 of P.L.1997, c.111 (C.2C:12-1.1);
if the person
is convicted of a crime of the third degree under the provisions of section 1
of P.L.2003, c.206 (C.2C:14-9);
or if the person is convicted of a crime of
the third or fourth degree under the provisions of section 1 or 2 of P.L.2007,
c.341 (C.2C:33-29 or C.2C:33-30).�

���� f.���� Presumptive Sentences.
(1) Except for the crime of murder, unless the preponderance of aggravating or
mitigating factors, as set forth in subsections a. and b. of this section,
weighs in favor of a higher or lower term within the limits provided in N.J.S.2C:43-6,
when a court determines that a sentence of imprisonment is warranted, it shall
impose sentence as follows:

���� (a)�� To a term of 20 years
for aggravated manslaughter or kidnapping pursuant to paragraph (1) of
subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the
first degree;

���� (b)�� Except as provided in
subparagraph (a) of this paragraph to a term of 15 years for a crime of the
first degree;

���� (c)�� To a term of seven years
for a crime of the second degree;

���� (d)�� To a term of four years
for a crime of the third degree; and

���� (e)�� To a term of nine months
for a crime of the fourth degree.

���� In imposing a minimum term
pursuant to subsection b. of N.J.S.2C:43-6, the sentencing court shall
specifically place on the record the aggravating factors set forth in this
section which justify the imposition of a minimum term.

���� Unless the preponderance of
mitigating factors set forth in subsection b. weighs in favor of a lower term
within the limits authorized, sentences imposed pursuant to paragraph (1) of
subsection a. of N.J.S.2C:43-7 shall have a presumptive term of life imprisonment.�
Unless the preponderance of aggravating and mitigating factors set forth in
subsections a. and b. of this section weighs in favor of a higher or lower term
within the limits authorized, sentences imposed pursuant to paragraph (2) of
subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 50 years'
imprisonment; sentences imposed pursuant to paragraph (3) of subsection a. of
N.J.S.2C:43-7 shall have a presumptive term of 15 years� imprisonment; and
sentences imposed pursuant to paragraph (4) of subsection a. of N.J.S.2C:43-7
shall have a presumptive term of seven years� imprisonment.

���� In imposing a minimum term
pursuant to subsection b. of N.J.S.2C:43-7, the sentencing court shall
specifically place on the record the aggravating factors set forth in this
section which justify the imposition of a minimum term.

���� (2)�� In cases of convictions
for crimes of the first or second degree where the court is clearly convinced
that the mitigating factors substantially outweigh the aggravating factors and
where the interest of justice demands, the court may sentence the defendant to
a term appropriate to a crime of one degree lower than that of the crime for
which the defendant was convicted.� If the court does impose sentence pursuant
to this paragraph, or if the court imposes a noncustodial or probationary
sentence upon conviction for a crime of the first or second degree, the
sentence shall not become final for 10 days in order to permit the appeal of
the sentence by the prosecution.

���� g.��� Imposition of
Noncustodial Sentences in Certain Cases. If the court, in considering the
aggravating factors set forth in subsection a. of this section, finds the
aggravating factor in paragraph (2), (5), (10), or (12) of subsection a. of
this section and does not impose a custodial sentence, the court shall
specifically place on the record the mitigating factors which justify the
imposition of a noncustodial sentence.

���� h.��� Except as provided in
section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as
provided in subsection d. of this section shall not preclude the admission of a
person to the Intensive Supervision Program, established pursuant to the Rules
Governing the Courts of the State of New Jersey.

(cf: P.L.2023, c.48, s.2)

���� 3.��� This act shall take
effect immediately and shall be applicable to all offenses committed on or
after the effective date of this act.

STATEMENT

���� This bill would increase the
criminal penalties for the crime of invasion of privacy and eliminate the
presumption of nonimprisonment under certain circumstances.

���� Under the provisions of
N.J.S.A.2C:14-9, known as the �video voyeurism� statute, it is a crime of the
fourth degree if a person, knowing he is not licensed or privileged to do so,
and under circumstances in which a reasonable person would know that another
person may expose intimate parts or may engage in sexual penetration or sexual
contact, observes another person without that person�s consent and under
circumstances in which a reasonable person would not expect to be observed. �This
bill would upgrade the fourth degree crime of observing another person without
consent to a crime of the third degree. �The bill would also eliminate the
presumption of non-imprisonment for this crime.

���� In addition, this bill would
upgrade the third degree of photographing or disclosing such images to a crime
of the second degree.

���� A crime of the third degree is
punishable by a term of imprisonment of three to five years, a fine of up to
$15,000 or both. A crime of the second degree is punishable by a term of
imprisonment of five to 10 years, a fine of up to $150,000 or both.

���� This bill also amends
N.J.S.2C:44-1 to expand the current list of crimes that are not entitled to the
presumption of nonimprisonment to include the newly upgraded third degree crime
of invasion of privacy.