Privacy Law Library

Invasion of Privacy (non-consensual intimate observation, recording, and disclosure)

NJ Invasion of Privacy Law

Other

New Jersey criminalizes secretly watching, photographing, or recording people who are nude, partly clothed, or engaged in sexual activity where they expect privacy, and disclosing such images (including online) without consent. Victims can sue for liquidated damages. Retailers may watch dressing-room entrances only with posted notice and may never observe or record inside private stalls.

Where
New Jersey
Citation
N.J.S.A. 2C:14-9 (criminal); N.J.S.A. 2A:58D-1 (civil); P.L.2003, c.206, amended by P.L.2016, c.2
Status
In force
In force since
2004-01-08
Last amended
2016-05-05
Enforced by
County prosecutors and the Attorney General (criminal); private civil action by the person depicted
People can sue
Yes
Penalties
Unlawful observation is a fourth-degree crime; unlawful recording of exposed intimate parts or sexual activity, and unlawful disclosure, are third-degree crimes (disclosure fines up to $30,000); recording undergarment-clad intimate parts is fourth-degree (2C:14-9). Civilly, the court may award actual damages of at least $1,000 liquidated damages per violation, punitive damages for willful or reckless disregard, fees, and equitable relief; no criminal conviction is required (2A:58D-1).
Applies to
  • Any person who observes, records, or discloses images of another person's intimate parts or sexual activity without consent where the person would not expect to be observed (2C:14-9)
  • Retail establishments with fitting or dressing rooms (2C:14-9(e)-(f))

What a privacy notice must say

  • Retailers observing or recording fitting-room entrances must conspicuously post prior notice; observing or recording inside a private dressing stall is always prohibited, and such recordings may be disclosed only to police, under subpoena or court order, or to co-workers acting within their jobs.N.J.S.A. 2C:14-9(e)-(f) · Only if: Retail establishments with fitting or dressing rooms

Rights it gives people

  • A person recorded or whose images are disclosed in violation of 2C:14-9 may sue for liquidated or actual damages, punitive damages, and fees.N.J.S.A. 2A:58D-1

Practices it requires

  • Do not observe, photograph, film, or record another person's exposed or undergarment-clad intimate parts or sexual activity without consent where a reasonable person would not expect to be observed.N.J.S.A. 2C:14-9(a)-(b)
  • Do not disclose (including online) such images without the depicted person's consent.N.J.S.A. 2C:14-9(c)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: AI-generated sexual deepfakes are addressed separately by P.L.2025, c.40 (see NJ Deepfake Law).

Research reference, not legal advice.