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Bill > S95
NJ S95
NJ S95Clarifies crime of unlawful access concerning certain password protected communications in electronic storage.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill amends the provisions of New Jersey's wiretapping statute dealing with unlawful access to stored communications, section 21 of P.L.1993, c.29 (C.2A:156A-27), to clarify criminal liability concerning password protected wire or electronic communications in electronic storage, such as e-mail accounts. A person would be guilty of a fourth degree crime if that person obtains, alters, or prevents authorized access to any such communication that is protected by a password or other personal code, without first knowing and inputting that password or other personal code, or otherwise having the express consent of at least one of the parties to whom that password or other personal code belongs. As such, there would be no implied consent and no defense from criminal liability for a person who accessed communications after a party to those communications had failed to properly log out or otherwise exit the electronic storage medium containing the communications, leaving such communications unprotected by password or other personal code. A person would be guilty of a third degree crime for unlawful access, if the person additionally acted for the purpose of commercial advantage, private commercial gain, or malicious destruction or damage. A fourth degree crime is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A third degree crime is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. This clarification to criminal liability for unlawful access would also clarify liability in any civil action brought by an aggrieved person whose communications were accessed, due to the availability of such civil actions arising from criminal unlawful access, as set forth in section 26 of P.L.1993, c.29 (C.2A:156A-32).
AI Summary
This bill clarifies New Jersey's wiretapping law regarding unauthorized access to password-protected electronic communications, such as email accounts, that are stored electronically. It establishes that a person commits a fourth-degree crime, punishable by up to 18 months in prison and a $10,000 fine, if they obtain, alter, or prevent authorized access to such communications without knowing and entering the correct password or having express consent from at least one owner of the password. This means there's no defense if someone accesses communications left unprotected because the user didn't log out, as implied consent is not recognized. The bill further specifies that if this unlawful access is done for commercial advantage, private commercial gain, or malicious destruction, it becomes a third-degree crime, carrying a penalty of three to five years in prison and a fine of up to $15,000. These clarifications also extend to civil lawsuits where individuals whose communications were accessed can seek damages.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)
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/2026/S95 |
| BillText | https://pub.njleg.gov/Bills/2026/S0500/95_I1.HTM |
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