New Jersey § 2a:58d-4

§ 2a:58d-4.

a. (1) A person shall not solicit or accept any pecuniary benefit in consideration

for refraining from the disclosure of personal identifying information of any person

which identifies, or is presented in a context which identifies, the person as having

been arrested, charged, prosecuted, or convicted of any criminal offense including,

but not limited to, criminal history record background information and any photograph

of the person taken at the time of arrest. (2) A person who commits a violation of paragraph (1) of this subsection shall not

disclose or cause to be disclosed personal identifying information of any person which

identifies, or is presented in a context which identifies, the person as having been

arrested, charged, prosecuted, or convicted of any criminal offense including, but

not limited to, criminal history record background information and any photograph

of the person taken at the time of arrest. b. For purposes of this section: “ Disclosure ” means publication, distribution, circulation, dissemination, presentation, exhibition,

advertisement, or offering by any means including, but not limited to, the Internet. “ Pecuniary benefit ” means a benefit in the form of money, property, commercial interests, or anything

else the primary significance of which is economic gain. “ Personal identifying information ” means any name, address, or other information that may be used, alone or in conjunction

with any other information, to identify a specific individual, and any photographic

image, reproduction, or other depiction of a person. c. In addition to any other right of action or recovery otherwise available under

the laws of this State, a person who knowingly violates the provisions of subsection

a. of this section shall be liable to the person whose personal identifying information

was the subject of the violation, who may bring a civil action in the Superior Court. The court may award: (1) actual damages, but not less than liquidated damages computed at the rate of $1,000

for each violation of paragraph (1) of subsection a. of this section and $10,000 for

each violation of paragraph (2) of subsection a. of this section; (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) any other preliminary and equitable relief the court determines to be appropriate. d. In addition to the liability provided under subsection c. of this section and any

other right of action or recovery otherwise available under the laws of this State,

a person violating the provisions of subsection a. of this section shall be liable

for a civil penalty of not less than $500 for each act in violation of paragraph (1)

of subsection a. of this section and a civil penalty of not less than $1,000 for each

act in violation of paragraph (2) of subsection a. of this section. The penalty prescribed by this section shall be collected and enforced by summary

proceedings under the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ).