New Jersey § 2c:14-9

§ 2c:14-9.

a. An actor commits a crime of the fourth degree if, knowing that he is not licensed

or privileged to do so, and under circumstances in which a reasonable person would

know that another may expose intimate parts or may engage in sexual penetration or

sexual contact, he observes another person without that person's consent and under

circumstances in which a reasonable person would not expect to be observed. b. (1) An actor commits a crime of the third degree if, knowing that he is not licensed

or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces

in any manner, the image of another person whose intimate parts are exposed or who

is engaged in an act of sexual penetration or sexual contact, without that person's

consent and under circumstances in which a reasonable person would not expect to be

observed. (2) An actor commits a crime of the fourth degree if, knowing that he is not licensed

or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces

in any manner, the image of the undergarment-clad intimate parts of another person,

without that person's consent and under circumstances in which a reasonable person

would not expect to have his undergarment-clad intimate parts observed. c. An actor commits a crime of the third degree if, knowing that he is not licensed

or privileged to do so, he discloses any photograph, film, videotape, recording or

any other reproduction of the image , taken in violation of subsection b. of this section, of : (1) another person who is engaged in an act of sexual penetration or sexual contact; (2) another person whose intimate parts are exposed ; or (3) another person's undergarment-clad intimate parts , unless that person has consented to such disclosure. For purposes of this subsection : (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 . Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3 , a fine not to exceed $30,000 may be imposed for a violation of this subsection. d. It is an affirmative defense to a crime under this section that: (1) the actor posted or otherwise provided prior notice to the person of the actor's

intent to engage in the conduct specified in subsection a., b., or c., and (2) the actor acted with a lawful purpose. e. (1) It shall not be a violation of subsection a. or b. to observe another person

in the access way, foyer or entrance to a fitting room or dressing room operated by

a retail establishment or to photograph, film, videotape, record or otherwise reproduce

the image of such person, if the actor conspicuously posts at the entrance to the

fitting room or dressing room prior notice of his intent to make the observations,

photographs, films, videotapes, recordings or other reproductions. (2) It shall be a violation of subsection c. to disclose in any manner any such photograph,

film, videotape or recording of another person using a fitting room or dressing room

except under the following circumstances: (a) to law enforcement officers in connection with a criminal prosecution; (b) pursuant to subpoena or court order for use in a legal proceeding; or (c) to a co-worker, manager or supervisor acting within the scope of his employment. f. It shall be a violation of subsection a. or b. to observe another person in a private

dressing stall of a fitting room or dressing room operated by a retail establishment

or to photograph, film, videotape, record or otherwise reproduce the image of another

person in a private dressing stall of a fitting room or dressing room. g. For purposes of this act, a law enforcement officer, or a corrections officer or

guard in a correctional facility or jail, who is engaged in the official performance

of his duties shall be deemed to be licensed or privileged to make and to disclose

observations, photographs, films, videotapes, recordings or any other reproductions. h. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this

section shall not merge with a conviction under subsection c. of this section, nor

shall a conviction under subsection c. merge with a conviction under subsection b.