2A:58D-1 Invasion of privacy, liability, civil action; damages, costs.

296 words·~1 min read·/nj/title-2a/chapter-58d/2a-58d-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2. a. An actor who, in violation of section 1 of P.L.2003, c.206 (C.2C:14-9), photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person who is engaged in an act of sexual penetration or sexual contact, the exposed intimate parts of another person, or the undergarment-clad intimate parts of another person shall be liable to that person, who may bring a civil action in the Superior Court.

b. An actor who, in violation of section 1 of P.L.2003, c.206 (C.2C:14-9), discloses any photograph, film, videotape, recording or any other reproduction of the image of another person who is engaged in an act of sexual penetration or sexual contact, the exposed intimate parts of another person, or the undergarment-clad intimate parts of another person shall be liable to that person, who may bring a civil action in the Superior Court. For purposes of this section:

(1)"disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not; and

(2)"intimate parts" has the meaning ascribed to it in N.J.S.2C:14-1.

c. The court may award:

(1)actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this act;

(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.

A conviction of a violation of section 1 of P.L.2003, c.206 (C.2C:14-9) shall not be a prerequisite for a civil action brought pursuant to this section.

L.2003, c.206, s.2; amended 2016, c.2, s.2.