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  • NJ A156
  • Expands crime of invasion of privacy to include "upskirting"; photographing or filming the image of the undergarment-clad intimate parts of another.
Introduced
(1/27/2016)
In Committee
(3/7/2016)
Crossed Over
(2/18/2016)
Passed
(3/14/2016)
Signed
(5/5/2016)
Dead/Failed/Vetoed
2016-2017 Regular Session
This bill would expand the crime of invasion of privacy to include "upskirting": photographing or filming the image of the undergarment-clad intimate parts of another, or disclosing such an image. Currently, P.L.2003, c.206 (C.2C:14-9) provides that 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 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. Under the bill, it would be a crime of the fourth 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 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. It would be a crime of the third degree to disclose any such photograph, film, videotape, recording, or any other reproduction of the image. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine up to $15,000, or both; a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both. The bill also clarifies the definition of "disclose" in the statute. Currently, the term is defined as "sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer." Under the bill, the term "disclose" would also include "share, or make available via the Internet or by any other means, whether for pecuniary gain or not." In addition, the bill specifies that the term "intimate parts" has the meaning ascribed to it in N.J.S.2C:14-1 ("sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person"). The bill also amends section 2 of P.L.2003, c.206 (C.2A:58D-1), which authorizes civil actions by persons who are victims of the crime of invasion of privacy, to add photographing or filming the image of the undergarment-clad intimate parts of another, or disclosing such an image. Under section 2 of P.L.2003, c.206 (C.2A:58D-1), the court may award a victim: (1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation; (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.
Judiciary, 2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Law and Public Safety, Passed Assembly, Passed both Houses
Approved P.L.2016, c.2.  (on 5/5/2016)
 
 

Date Chamber Action Description
5/5/2016 S Approved P.L.2016, c.2.
3/14/2016 S Passed Senate (Passed Both Houses) (40-0)
3/14/2016 S Substituted for S345
3/7/2016 S Reported from Senate Committee, 2nd Reading
3/3/2016 Senate Law and Public Safety Hearing (10:30 3/3/2016 Committee Room 10, 3rd Floor)
2/29/2016 S Received in the Senate, Referred to Senate Law and Public Safety Committee
2/18/2016 A Passed by the Assembly (75-0-0)
2/8/2016 A Reported out of Assembly Comm. with Amendments, 2nd Reading
2/8/2016 Assembly Judiciary Hearing (10:00 2/8/2016 Committee Room 12, 4th Floor)
2/4/2016 A Transferred to Assembly Judiciary Committee
1/27/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
Detail 3/14/2016 Senate Floor: Third Reading - Final Passage 40 0 0
Detail 3/14/2016 Senate Floor: Substitute For S345 (Voice Vote) 0 0 0
Detail 3/3/2016 Senate Law and Public Safety Committee: Reported Favorably 3 1 1
Detail 2/18/2016 Assembly Floor: Third Reading - Final Passage 75 0 5
Detail 2/8/2016 Assembly Judiciary Committee: Reported with Amendments 7 0 0