New Jersey Video Recording Laws: What Is Legal and What Is Not

Video recording in New Jersey is legal in public spaces and locations where no reasonable expectation of privacy exists. When your recording also captures audio, the one-party consent rule under N.J. Stat. Ann. 2A:156A-4 permits you to record conversations you participate in. Recording someone undressed or engaged in sexual activity, without consent, where they would not expect to be observed is a crime under N.J. Stat. Ann. 2C:14-9.

New Jersey does not have a single comprehensive video recording statute. Instead, video recording legality depends on where you are filming, whether you are capturing audio, and whether the subject has a reasonable expectation of privacy. The rules come from several different laws, including the New Jersey Wiretapping and Electronic Surveillance Control Act, the invasion of privacy statute at N.J. Stat. Ann. 2C:14-9, and the 2025 deepfake law.

This guide covers everything you need to know about video recording laws in New Jersey in 2026, including public filming rights, privacy restrictions, workplace surveillance, the invasion of privacy statute, and how AI-generated video is now regulated.

Video Recording in Public Places

Your Right to Film in Public

New Jersey has no general prohibition on video recording in public spaces. No New Jersey law prohibits video recording what is plainly visible in public, and the Third Circuit has held that the First Amendment protects recording police in public. You can legally:

• Film on public streets, parks, sidewalks, and plazas
• Record open public meetings, subject to reasonable rules the body sets (recording a court proceeding requires the court's permission, normally requested in writing)
• Film protests, demonstrations, and public events
• Record interactions with government officials performing their duties
• Use your smartphone, camera, or other recording device in any public space

Video-only recording (without audio) in public places generally does not fall under the wiretapping statute because the statute governs the interception of "oral communications," "wire communications," and "electronic communications." Pure video without audio does not intercept any of these.

When Audio Changes the Analysis

If your video recording also captures audio, the wiretapping statute may apply. Under N.J. Stat. Ann. 2A:156A-4, you can record audio of conversations you participate in under the one-party consent rule. However, if your video captures audio of a private conversation between other people that you are not part of, you could violate the wiretapping law.

For example, filming a street scene that incidentally captures background noise is generally fine. Pointing a directional microphone at two people having a private conversation on a park bench, while filming them, could violate the statute if they have a reasonable expectation of privacy in that conversation.

Public vs. Private Property

The distinction between public and private property matters for video recording:

• Public property: You generally have the right to film anything visible from a public space
• Private property open to the public: Businesses, malls, and restaurants can set their own recording policies and ask you to stop filming or leave
• Private property not open to the public: You need permission from the property owner to film on their property

Even when standing on public property, you cannot use zoom lenses or other technology to record activities inside a private home that are not visible to the naked eye. This could constitute an invasion of privacy.

The Invasion of Privacy Statute: N.J. Stat. Ann. 2C:14-9

What the Law Prohibits

New Jersey's primary video privacy law is N.J. Stat. Ann. 2C:14-9, which addresses invasion of privacy through observation and recording. The statute creates several distinct offenses:

Observation without recording (2C:14-9(a)): It is a crime of the fourth degree to knowingly observe another person without consent, where a reasonable person would not expect to be observed and where a reasonable person would know the other person may expose intimate parts or engage in sexual penetration or sexual contact. This subsection covers watching only, with no photograph, film, or recording made.

Photographing, filming, or recording (2C:14-9(b)(1)): It is a crime of the third degree to photograph, film, videotape, record, or otherwise reproduce in any manner the image of another person whose intimate parts are exposed or who is engaged in sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed. This includes hidden cameras in bathrooms, bedrooms, changing rooms, and similar private locations.

Recording undergarment-clad intimate parts (2C:14-9(b)(2)): It is a crime of the fourth degree to record the image of another person's undergarment-clad intimate parts without consent, under circumstances in which a reasonable person would not expect them to be observed. This covers upskirt-style recording.

Disclosure of intimate images (2C:14-9(c)): It is a crime of the third degree to knowingly disclose any photograph, film, videotape, recording, or other reproduction made in violation of subsection (b), without that person's consent.

It is an affirmative defense to each of these offenses that the person was given prior notice of the observation or recording and the actor had a lawful purpose (2C:14-9(d)).

Penalties for Invasion of Privacy

These penalties apply specifically to video recording that violates privacy expectations. They are separate from and in addition to any wiretapping charges that might apply if audio was also captured.

Reasonable Expectation of Privacy

The key legal concept in video recording law is the "reasonable expectation of privacy." Courts evaluate this based on:

• The location: Bathrooms, bedrooms, locker rooms, and changing areas carry strong privacy expectations
• The circumstances: Even in semi-public spaces, certain activities (like trying on clothes in a fitting room) carry privacy expectations
• The person's behavior: Someone who retreats to a secluded area is more likely to have a privacy expectation than someone standing in a crowded room
• Social norms: Would a reasonable person in the same situation expect to be free from observation or recording?

Video Recording at Work in New Jersey

Employer Video Surveillance

New Jersey employers can install video cameras in common work areas where employees do not have a reasonable expectation of privacy. This includes:

• Lobbies and reception areas
• Hallways and corridors
• Warehouse floors and production areas
• Retail sales floors
• Parking lots and loading docks

No New Jersey statute lists where employers may place cameras. N.J. Stat. Ann. 2C:14-9 makes it a crime to knowingly record, without consent, a person whose intimate parts are exposed or undergarment-clad, or who is engaged in sexual activity, where they would not expect to be observed. In practice, that keeps employer cameras out of:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Lactation rooms and other areas where employees may undress

New Jersey does not have a specific statute requiring employers to notify employees about workplace video surveillance. However, many employers provide notice as a best practice, and some union contracts or employment agreements may require disclosure.

Employee Video Recording at Work

Employees can video record in the workplace, but the rules depend on whether audio is captured:

• Video without audio: Generally permitted in common areas where there is no reasonable expectation of privacy
• Video with audio: Subject to the one-party consent rule under N.J. Stat. Ann. 2A:156A-4, meaning you can record conversations you participate in

New Jersey's Conscientious Employee Protection Act (CEPA) may protect employees who use lawfully made video to report unlawful employer conduct. CEPA prohibits retaliation against employees who disclose, or threaten to disclose, conduct they reasonably believe is illegal to a supervisor or public body, or who object to or refuse to take part in it. Making the recording is not itself protected activity under CEPA.

Smart Glasses and Wearable Cameras at Work

Wearable cameras like smart glasses raise unique concerns in the workplace because they can continuously record without others knowing. While New Jersey law does not specifically address wearable cameras, the general principles apply:

• You can record video of common areas where there is no privacy expectation
• Audio recording follows the one-party consent rule
• Your employer may have policies restricting wearable recording devices
• Violating a company recording policy can result in termination even if the recording itself is legal

Video Recording and the 2025 Deepfake Law

Governor Phil Murphy signed P.L. 2025, c. 40 on April 2, 2025, establishing penalties for deceptive AI-generated visual media. Key provisions affecting video recording include:

• Creating a realistic fake video of a person for the purpose of committing or furthering a crime or offense (for example harassment, cyber-harassment, or a sexual offense), or knowing someone else will use it that way, is a crime of the third degree
• Sharing or using such a video for that purpose is also a crime of the third degree, and knowingly or recklessly sharing a deepfake created in violation of the law is a crime of the fourth degree
• Fines can reach $30,000, on top of any prison term (3 to 5 years for a third-degree crime)
• Victims can sue for actual damages of at least $1,000 for each knowing or reckless violation, plus punitive damages on proof of willful disregard of the law
• Creating a deepfake with no such criminal purpose is not a crime under this law
• The law includes First Amendment protections for satire, parody, commentary, news, teaching, and research

This law addresses a growing concern about AI tools that can create realistic fake videos of people. It does not affect legitimate video recording or standard video editing practices.

Revenge Porn and Non-Consensual Intimate Images

New Jersey's Revenge Porn Law

New Jersey was one of the first states to criminalize revenge porn through N.J. Stat. Ann. 2C:14-9(c). Under this law, it is a crime of the third degree to disclose an image of someone's exposed intimate parts, undergarment-clad intimate parts, or sexual activity that was recorded in violation of subsection (b), meaning without their consent where they would not expect to be observed, unless the person consented to the disclosure. As written, the subsection does not reach an image that was originally taken with consent. Sharing such an image may still be charged under other laws, such as harassment, and federal law may apply, including the TAKE IT DOWN Act (2025) and a federal civil action for nonconsensual disclosure of intimate images (15 U.S.C. 6851).

The penalties are severe:

• 3 to 5 years imprisonment
• Fines up to $30,000
• A criminal record for a third-degree offense, though expungement may become available later under N.J.S.A. 2C:52-2
• Civil liability for damages suffered by the victim

What Counts as an Intimate Image

Under the statute, a covered image is any photograph, film, videotape, recording, or reproduction showing a person's exposed intimate parts, their undergarment-clad intimate parts, or the person engaged in sexual penetration or sexual contact. For the disclosure crime, the image must have been taken in violation of 2C:14-9(b): without the person's consent and where a reasonable person would not expect to be observed.

Platform Liability

New Jersey's law focuses on the person who discloses the intimate images, not on internet platforms that host them. However, victims can seek court orders requiring platforms to remove non-consensual intimate images.

Video Recording for Home Security

Security Camera Placement

New Jersey homeowners can install security cameras on their own property. Legal considerations include:

• Cameras can face public areas: You can point cameras at your front door, driveway, porch, and yard
• Do not record neighbors' private areas: Positioning cameras to record inside a neighbor's home or into their private backyard areas could violate privacy laws
• Audio recording rules apply: If your security cameras record audio, the wiretapping statute governs that audio. Capturing audio of conversations you are not part of could be illegal
• HOA restrictions: Some homeowner associations have rules about security camera placement and visibility

Doorbell Cameras

Doorbell cameras like Ring and Nest are legal in New Jersey. These devices record video of your front door area and may capture audio of conversations. When someone comes to your door and speaks with you through the doorbell camera, the one-party consent rule allows you to record that audio because you are a participant in the conversation.

However, a doorbell camera that captures audio of conversations between neighbors or passersby that you are not part of could raise wiretapping concerns if those conversations carry a reasonable expectation of privacy.

Video Recording and Law Enforcement

Filming Police in Public

The First Amendment protects your right to video record police officers performing their duties in public. The U.S. Court of Appeals for the Third Circuit, which covers New Jersey, ruled in Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017), that this right exists for all citizens, not just journalists.

You can film:

• Traffic stops (including your own)
• Arrests in public areas
• Police interactions with the public
• Public protests where police are present

You must not interfere with police operations, obstruct officers, or trespass to get a better angle.

Police Body Camera Footage

In January 2025, the New Jersey Supreme Court ruled in Fuster v. Township of Chatham that a township could not use the Open Public Records Act to withhold the police body-worn camera recording of a man's own statement to police, and ordered the footage released to him and his wife under the circumstances of that case. The Court found no exemption in that law that supported withholding the video in that case.

Penalties Summary

New Jersey Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

Back to New Jersey Recording Laws

More New Jersey Recording Topics

• New Jersey Biometric Privacy Laws
• Surveillance Camera Laws

More New Jersey Laws

• New Jersey AI Meeting Recording Laws
• New Jersey Dashcam Laws
• New Jersey Data Privacy Laws
• New Jersey Deepfake Laws
• New Jersey Employee Monitoring Laws
• New Jersey GPS Tracking Laws
• New Jersey Police Bodycam Laws
• New Jersey Smart Glasses Recording Laws

Frequently Asked Questions

Is it legal to video record someone in New Jersey without their knowledge?

It depends on the location and circumstances. You can video record in public places without anyone's knowledge or consent. However, recording someone's exposed intimate parts or sexual activity without consent, where they would not expect to be observed, is a crime of the third degree under N.J. Stat. Ann. 2C:14-9(b)(1), and recording their undergarment-clad intimate parts is a fourth-degree crime.

Can I install security cameras on my property in New Jersey?

Yes. You can install security cameras on your own property. Point them at your own property and public areas. Avoid positioning cameras to record inside a neighbor's home or their private spaces. If cameras capture audio, the wiretapping statute applies to conversations you are not part of.

Is sharing intimate videos without consent illegal in New Jersey?

Yes, in many cases. Under N.J. Stat. Ann. 2C:14-9(c), sharing a nude or sexual image or video that was recorded without the person's consent, where they expected privacy, is a crime of the third degree, punishable by 3 to 5 years imprisonment and fines up to $30,000, unless the person agreed to the sharing. Sharing an image that was originally made with consent is not covered by that subsection as written, but other state or federal laws may apply.

Can my employer video record me at work in New Jersey?

Employers can install video cameras in common work areas like hallways, sales floors, and parking lots. A camera in a bathroom, locker room, or changing area that captures employees undressed can be a crime under N.J. Stat. Ann. 2C:14-9. New Jersey does not have a specific statute requiring employers to notify employees about workplace video surveillance.

Does New Jersey's deepfake law apply to video?

Yes. P.L. 2025, c. 40 makes it a crime of the third degree to create, share, or use realistic AI-generated video of someone to commit or further a crime or offense, such as harassment or fraud, or knowing someone else will use it that way. Knowingly or recklessly sharing such a video is a fourth-degree crime. Penalties include up to 5 years imprisonment and $30,000 in fines. The law exempts satire, parody, news, and research.