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NJ S3940
NJ S3940Clarifies consent to being photographed, filmed, or recorded in a sexual manner does not include or imply consent to disclosure of image.
summary
Introduced
12/09/2024
12/09/2024
In Committee
12/09/2024
12/09/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill amends the invasion of privacy statute, N.J.S.A.2C:14-9, to clarify that a person's consent to being photographed, filmed, videotaped, recorded, observed, or otherwise having their nude, sexual, or sexually suggestive image reproduced is not be construed to include or imply the person's consent to the disclosure of such image. The bill also requires that a person's consent to disclosure is strictly construed to be limited only to the express purpose for which consent was obtained. Under current law, a person's consent to the taking of the image could be construed to also waive any restriction on the subsequent disclosure of the image. Under the bill, taking an image and disclosing an image are two separate acts that require two separate instances of consent.
AI Summary
This bill amends New Jersey's invasion of privacy statute to clarify that consent to being photographed or recorded in a sexual or intimate manner does not automatically imply consent to the disclosure of that image. Specifically, the bill distinguishes between taking an image and sharing an image as two separate acts that require distinct consent. Under the new law, if someone agrees to be photographed in a private or sexually suggestive context, that consent does not extend to allowing the image to be shared, distributed, or published. The legislation requires that any consent for disclosure must be explicitly and narrowly granted only for the specific purpose originally intended. The bill maintains existing criminal penalties for unauthorized observation, recording, or disclosure of intimate images, with offenses ranging from fourth-degree to third-degree crimes depending on the specific circumstances. This change aims to protect individuals from having their private, intimate images shared without their explicit permission, addressing potential privacy violations that could occur even when initial image capture was consensual.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 12/09/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S3940 |
| BillText | https://pub.njleg.gov/Bills/2024/S4000/3940_I1.HTM |
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