Revenge Porn Laws in New Jersey

New Jersey makes revenge porn an indictable offense under its criminal invasion of privacy law.

By , Attorney Seattle University School of Law
Updated by Rebecca Pirius, Attorney Mitchell Hamline School of Law
Updated 9/30/2024

Revenge porn is a type of nonconsensual pornography (NCP), in which sexually explicit images of someone else are distributed in order to humiliate and harm the subject of the images. In many but not all cases, the person distributing the pornographic images is an ex-partner (hence the element of targeted revenge), but NCP can also occur when hackers break into strangers' computers and post images of people they don't know. NCP is also referred to as "cyber exploitation."

Is Revenge Porn Illegal in New Jersey?

Yes, in New Jersey, making or disclosing nonconsensual pornography, whether accomplished by an ex-partner or a stranger, is a crime.

New Jersey's law makes it a crime to:

  • make a nonconsensual recording that reveals another person's "intimate parts" or shows the person engaged in a sexual act without consent, and
  • disclose such a recording.

Intimate parts include an individual's sexual organs, genital area, anal area, inner thigh, groin, buttocks, or breasts.

Even if the person shown consented to the recording, it is still a crime to post the recording without that person's further consent to the disclosure.

Unlike many other states, New Jersey's law doesn't require proof of the defendant's motive in disclosing the recording. State laws often require the government to show an intent to harm, humiliate, or harass the victim, which can be difficult to prove.

New Jersey's Revenge Porn Crimes and Penalties

Nonconsensual pornography falls under New Jersey's invasion of privacy law.

Criminal Invasion of Privacy and Disclosure of Intimate Images

A person commits the crime of invasion of privacy by:

  • intentionally observing, recording, or filming another individual's intimate parts or sexual conduct
  • without the individual's consent, and
  • doing so when the individual observed or recorded has a reasonable expectation of privacy.

It's a separate offense to disclose such a photograph or recording without the individual's consent.

Punishment for Invasion of Privacy and Disclosure of Intimate Images

Criminal invasion of privacy and disclosure of intimate images are serious crimes in New Jersey, subjecting those convicted of them to prison time and fines.

Nonconsensual recording. Any person who photographs, videotapes, or otherwise records another's intimate parts or sexual conduct without the other individual's consent or authority commits a crime of the third degree in New Jersey. A conviction carries a fixed term in prison of between three and five years and a fine of up to $15,000.

Nonconsensual disclosure. Any person who discloses a photograph, video, or another recording of another's intimate parts or sexual conduct without the other individual's consent or authority likewise commits a crime of the third degree. The same prison terms apply as above, but this crime carries a potential fine of up to $30,000.

(N.J. Stat. §§ 2C:43-3, 2C:43-6 (2024).)

Possible Defenses to New Jersey's Revenge Porn Crime

A person charged with criminal invasion of privacy may raise the following defenses to try to avoid conviction under New Jersey law.

Consent

Consent is only a defense if the victim freely gave consent to both the initial recording and the disclosure.

No Reasonable Expectation of Privacy

A person who intentionally and knowingly exposes their intimate parts in a public place, or who engages in sexual conduct in a public place, does not have a reasonable expectation of privacy. Perhaps you have encountered photographs online of couples having sex on public beaches in full view of anyone happening by. People who view, record, and even disclose the images of these individuals are not committing criminal invasion of privacy because there was no privacy to invade.

Civil Lawsuit for Revenge Porn in New Jersey

A person who invades another's privacy in New Jersey as described above may face liability for civil damages, in addition to a criminal penalty. New Jersey law gives a victim of a nonconsensual recording of their intimate parts or sexual conduct the right to file a civil action in which they may seek:

  • actual damages (that is, any losses or expenses associated with the violation) of not less than $1,000 per violation
  • attorney's fees, and
  • punitive damages.

As with criminal invasion of privacy in New Jersey, the subject's consent or lack of a reasonable expectation of privacy may be a defense in such an action.

(N.J. Stat. § 2A:58D-1 (2024).)

Consult With a Lawyer

Engaging in nonconsensual pornography is a serious crime. If you have any questions about nonconsensual pornography or any other sexual crime, contact a lawyer experienced in criminal defense law in your state.

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