Key elements of the New Jersey revenge porn statute (2C:14-9)

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark

In New Jersey, the law that criminalizes the non-consensual sharing of intimate images (often referred to as “revenge porn”) is primarily found under N.J.S.A. 2C:14-9, which is part of the criminal invasion of privacy statute.

Key elements of the New Jersey revenge porn statute (2C:14-9):

• Criminalization of Disclosure: It is a crime to disclose any photograph, film, videotape, recording, or other reproduction of an intimate image of another person without their consent. This includes images taken in violation of the voyeurism portion of the statute (unauthorized recording of private sexual acts).
• “Intimate parts” Definition: This refers to sexual organs, genital area, anal area, inner thigh, groin, buttocks, or breasts.
• “Disclose” Definition: This term is broadly defined and includes selling, manufacturing, giving, providing, lending, trading, mailing, delivering, transferring, publishing, distributing, circulating, disseminating, presenting, exhibiting, advertising, offering, sharing, or making available via the Internet or by any other means, whether for pecuniary gain or not.
• Consent: The key factor is that the disclosure of the image must be without the person’s consent. Even if the image was originally taken or shared consensually, distributing it later without consent is a crime.
• Motive is Not Required: Unlike some other states, New Jersey’s law does not require proof of the defendant’s motive (e.g., intent to harm, humiliate, or harass) in disclosing the image. The act of unauthorized disclosure alone is enough for criminal charges.
• Penalties: Violation of the revenge porn statute (non-consensual disclosure) is generally a crime of the third degree in New Jersey.
  • This is punishable by a term of imprisonment of three to five years and a fine of up to $15,000.
  • However, there is a specific provision for a fine of up to $30,000 for violations related to disclosure.

Additional Information:

• Relationship Status: The law applies regardless of the relationship between the perpetrator and the victim (e.g., former partners, acquaintances, strangers).
• Civil Lawsuits: Victims of revenge porn can also file civil lawsuits against the perpetrator in New Jersey for damages, including emotional distress, attorney’s fees, and punitive damages.
• “Deepfakes”: New Jersey law also addresses non-consensual disclosure of “deceptive audio or visual media” (deepfakes), imposing the same penalties as for “revenge porn” under the invasion of privacy statute.
• No “Intent to Harass” Required: New Jersey’s unique stance on not requiring proof of intent to harass strengthens the protection for victims.

It is important to note that this information is for general knowledge and is not legal advice. If you have a specific legal situation, it’s best to consult with a qualified attorney in New Jersey