1. 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. 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.
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 of another
person whose intimate parts are exposed or who is engaged in an act of sexual
penetration or sexual contact, unless that person has consented to such
disclosure. For purposes of this subsection, "disclose" means sell,
manufacture, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, disseminate, present, exhibit, advertise or offer.
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
operate room or dressing room.
zg.For purposes of this act, a law enforcement officer,
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 o recordings or any
other reproductions. ( ( h.Notwithstanding the provisions ed 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 la under subsection b.(
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.
