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  • NJ A521
  • Prohibits the unauthorized photographing or videotaping of a child.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill supplements the current "video voyeurism" statute, P.L.2003, c. 206 (N.J.S.A.2C:14-9), to criminalize the unauthorized photographing or videotaping of a child. Under the provisions of the bill, it is a crime of the third degree if a person, knowing that he is not licensed or privileged to do so, photographs, films, videotapes, records or otherwise reproduces in any manner the image of a child, without the consent of the child's parent or guardian and under circumstances in which a reasonable parent or guardian would not expect his child to be the subject of such reproduction. A "child" is defined as any person under the age of 18. 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. Similar to the "video voyeurism" statute, this bill would provide for an affirmative defense to the crime if the actor posted or otherwise provided prior notice to the parent or guardian of his intent to engage in the conduct and he acted with a lawful purpose. In addition, this bill would provide an exception for retail merchants who record the activities of patrons in dressing rooms, provided that notice is given that persons may be observed while within the dressing room. An exception is also provided with regard to a law enforcement officer engaged in the official performance of his duties. Such photographs may be disclosed to: (1) law enforcement officers in connection with a criminal prosecution; (2) pursuant to subpoena or court order for use in a legal proceeding; or (3) to a co-worker, manager or supervisor acting within the scope of his employment. The sponsor was prompted to introduce this bill in response to an incident in Ringwood involving a man videotaping young girls at a swimming competition.
Judiciary
Introduced, Referred to Assembly Judiciary Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified