SENATE, No. 794

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Senator  KEVIN J. O'TOOLE

District 40 (Bergen, Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Upgrades the crime of invasion of privacy if it results in death or serious bodily injury to a crime of the second degree.

 

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.    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. An actor is guilty of a crime of the second degree if a violation of this subsection results in death or serious bodily injury to another person.

     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 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. An actor is guilty of a crime of the second degree if a violation of this subsection results in death or serious bodily injury to another person. 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 and shall be applicable to all offenses committed on or after the effective date of this act.

 

 

STATEMENT

 

     Currently, under the provisions of N.J.S.A.2C:14-9, the “video voyeurism” statute, the unlawful observation of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact is a crime of the fourth degree. The unlawful photographing, filming, videotaping, recording or other reproduction of the image of another person or the unlawful disclosure of such images is a crime of the third degree. This bill would upgrade the third degree crime of invasion of privacy to a crime of the second degree if that act results in the death or serious bodily injury of another. A crime of the second degree is punishable by a term of imprisonment of 5-10 years, a fine of up to $150,000.00 or both.