New Jersey Voyeurism and Hidden Camera Laws: Statutes and Penalties

New Jersey has some of the strongest voyeurism and hidden camera laws in the United States. The state's invasion of privacy statute at N.J. Stat. Ann. 2C:14-9 criminalizes a range of non-consensual recording and observation behaviors, from hidden cameras in private locations to the distribution of intimate images without consent. New Jersey was also one of the first states to criminalize revenge porn, and the 2025 deepfake law extends protections to AI-generated intimate imagery.

This guide covers the voyeurism statute, hidden camera offenses, upskirting, revenge porn, the deepfake law, penalties, sex offender registration requirements, and civil remedies available to victims.

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

Overview of the Statute

N.J. Stat. Ann. 2C:14-9 is New Jersey's primary law addressing voyeurism, hidden cameras, and non-consensual intimate recording. The statute creates multiple distinct offenses with escalating penalties based on the severity of the conduct.

The law was originally enacted to address Peeping Tom behavior but has been expanded over the years to cover modern technologies including hidden cameras, smartphones, drones, and most recently, AI-generated imagery.

Offense Categories

The statute defines several categories of criminal conduct:

Observation and surveillance (2C:14-9(b)): Observing another person's intimate parts or sexual activity without consent when a reasonable person would not expect to be observed. This covers both in-person voyeurism (Peeping Tom behavior) and the use of devices to observe.

Recording in a private location (2C:14-9(b)): Photographing, filming, videotaping, recording, or otherwise reproducing the image of another person in a state of undress or engaged in sexual activity, without consent, in a location where the person has a reasonable expectation of privacy.

Disclosure of intimate images (2C:14-9(c)): Knowingly disclosing an intimate image of another person without that person's consent, knowing the image was obtained without consent or that disclosure would cause the person harm.

Installation of a recording device (2C:14-9(d)): Installing or maintaining a recording device in a private location without the knowledge and consent of the person observed.

Hidden Camera Offenses

What Constitutes a Hidden Camera Offense

Under N.J. Stat. Ann. 2C:14-9, it is illegal to install or use a hidden camera to:

• Record someone undressing in a bathroom, bedroom, locker room, dressing room, or any other private location
• Record sexual activity without the consent of all participants
• Observe someone's intimate parts that are not publicly visible, using a camera placed to capture areas under clothing, behind walls, or through windows
• Install a recording device in a location where a person has a reasonable expectation of privacy, without their knowledge

Common Hidden Camera Scenarios

New Jersey courts have prosecuted hidden camera cases in numerous settings:

• Hidden cameras in bathrooms: Landlords, roommates, or others placing cameras in bathrooms to record tenants or guests
• Hidden cameras in bedrooms: Partners, ex-partners, or landlords placing cameras in bedrooms
• Workplace hidden cameras: Employers placing cameras in changing areas, bathrooms, or private offices
• Fitting room cameras: Retail employees or owners placing cameras in dressing rooms
• Hotel room cameras: Hidden cameras placed in hotel or Airbnb rental bedrooms and bathrooms
• Gym and spa cameras: Hidden cameras in locker rooms, saunas, or shower areas

What Makes a Location "Private"?

The statute protects people in locations where they have a "reasonable expectation of privacy." Courts consider:

• The nature of the location: Bathrooms, bedrooms, and changing areas carry strong privacy expectations
• The person's behavior: Was the person in a state of undress or engaged in intimate activity?
• Access controls: Was the area enclosed, locked, or otherwise restricted?
• Social norms: Would a reasonable person expect to be free from observation in that location?

Locations that are typically considered private include:

• Bathrooms and restrooms (anywhere)
• Bedrooms and sleeping areas
• Hotel and rental rooms
• Locker rooms and changing areas
• Dressing rooms in retail stores
• Medical examination rooms
• Shower facilities

Upskirting and Related Offenses

What Is Upskirting?

Upskirting refers to the practice of using a camera or recording device to capture images under a person's clothing without their consent. This includes using a smartphone, hidden camera, or other device to photograph or record someone's intimate areas that are covered by clothing.

New Jersey Law on Upskirting

N.J. Stat. Ann. 2C:14-9 covers upskirting by prohibiting the recording of another person's "intimate parts" without consent. "Intimate parts" include the sexual organs, genital area, anal area, inner thigh, groin, buttocks, or female breasts. Recording these areas without consent is illegal regardless of whether the recording takes place in a public or private location.

This is an important distinction. While public photography is generally protected by the First Amendment, covertly recording under someone's clothing crosses a line that the law recognizes even in public spaces.

Downblousing and Similar Conduct

The same legal principles apply to "downblousing" (recording down someone's shirt) and any other covert recording of intimate areas. If the recording captures intimate parts that a person has not voluntarily exposed to public view, it violates the statute.

Revenge Porn (Non-Consensual Intimate Images)

New Jersey's Revenge Porn Law

New Jersey was among the first states to specifically criminalize the non-consensual distribution of intimate images. Under N.J. Stat. Ann. 2C:14-9(c), it is a crime of the third degree to knowingly disclose any photograph, film, videotape, recording, or other reproduction of another person in a state of undress or engaged in sexual activity, without that person's consent, when:

• The person making the disclosure knows the image was obtained without the depicted person's consent, or
• The person making the disclosure knows the disclosure would cause the depicted person harm

What Counts as Disclosure

"Disclosure" is broadly defined and includes:

• Posting images or videos on social media platforms
• Sending images via text message, email, or messaging apps
• Uploading images to pornographic websites
• Sharing images in group chats
• Distributing physical copies of images or videos
• Showing images to other people in person

Consent and Context

Even if an intimate image was originally created with the person's consent (such as a photo shared between partners during a relationship), distributing that image without consent after the relationship ends is illegal. The consent to create or share an image with one person does not constitute consent to distribute it more widely.

The 2025 Deepfake Law and Intimate Images

AI-Generated Non-Consensual Intimate Images

Governor Phil Murphy signed P.L. 2025, c. 40 on April 2, 2025, creating new penalties for deceptive AI-generated media. This law is particularly significant for intimate images because:

• Creating an AI-generated intimate image of a person without their consent, using their likeness, is now a crime of the third degree if done with intent to harm
• The penalty includes up to 5 years imprisonment and a fine of up to $30,000
• Victims can sue for civil damages
• The law recognizes that AI tools can create realistic fake intimate images that cause the same harm as real non-consensual images

How This Extends Existing Law

Before the deepfake law, N.J. Stat. Ann. 2C:14-9 primarily addressed recordings of actual events. The deepfake law fills a gap by covering fabricated images that were never actually captured. This means New Jersey now criminalizes both:

1. Real non-consensual intimate images (under 2C:14-9)
2. AI-generated fake intimate images (under P.L. 2025, c. 40)

Penalties for Voyeurism and Hidden Camera Offenses

Criminal Penalties

Offense	Classification	Imprisonment	Fine
Observation/surveillance	Crime of the Fourth Degree	Up to 18 months	Up to $10,000
Recording in private location	Crime of the Fourth Degree	Up to 18 months	Up to $10,000
Non-consensual disclosure	Crime of the Third Degree	3 to 5 years	Up to $30,000
Installing hidden device	Crime of the Fourth Degree	Up to 18 months	Up to $10,000
AI deepfake intimate images	Crime of the Third Degree	3 to 5 years	Up to $30,000

Repeat Offenders

For repeat offenders, New Jersey's sentencing guidelines allow for enhanced penalties. A second or subsequent conviction for a voyeurism offense may result in a longer sentence within the applicable range.

Sex Offender Registration

Certain voyeurism and invasion of privacy convictions in New Jersey can trigger sex offender registration requirements under Megan's Law (N.J. Stat. Ann. 2C:7-1 et seq.). Whether registration is required depends on the specific offense and circumstances. Convictions under 2C:14-9 may require registration, particularly for offenses involving minors or repeated violations.

Sex offender registration carries significant collateral consequences, including:

• Community notification requirements
• Residence and employment restrictions
• Internet registration and monitoring requirements
• Lifetime registration in some cases

Civil Remedies for Victims

Lawsuits Under State Law

Victims of voyeurism and non-consensual intimate image distribution can file civil lawsuits seeking:

• Compensatory damages for emotional distress, reputational harm, and other losses
• Punitive damages for willful and egregious conduct
• Attorney's fees and costs
• Injunctive relief ordering removal of images from websites and platforms
• Restraining orders to prevent further harassment or distribution

Federal Civil Rights Claims

In some cases, victims may have federal claims under laws like:

• The Violence Against Women Act (VAWA) provisions addressing cyber exploitation
• Section 1983 claims if government actors are involved
• Title IX claims if the conduct occurs in an educational setting

Platform Removal

While civil lawsuits can address damages, victims often need immediate relief in the form of image removal. Options include:

• Reporting to the platform (most major platforms have policies against non-consensual intimate images)
• DMCA takedown requests if the victim created the original image
• Court orders requiring platforms to remove content
• Working with organizations that assist revenge porn victims with content removal

Defenses to Voyeurism Charges

Common Legal Defenses

Defendants in New Jersey voyeurism cases may raise several defenses:

• Consent: The person depicted consented to the recording or observation
• No reasonable expectation of privacy: The recording occurred in a location where the person did not have a reasonable expectation of privacy
• Lack of intent: The defendant did not intentionally or knowingly record intimate areas
• Mistaken identity: The defendant was not the person who installed the camera or made the recording
• First Amendment: The recording was made for legitimate news, educational, or research purposes (limited applicability)

Consent Complications

Consent issues can be complex:

• Consent to be recorded in one context does not extend to all contexts
• Consent can be withdrawn at any time
• Consent obtained through deception may not be valid
• Minors cannot consent to intimate recording under any circumstances

Reporting Voyeurism in New Jersey

If you are a victim of voyeurism or non-consensual intimate image distribution:

1. Call local police or the New Jersey State Police to file a report
2. Preserve evidence including screenshots, URLs, and any communications with the perpetrator
3. Do not confront the perpetrator alone
4. Contact a victim advocacy organization for support and guidance
5. Consult an attorney about criminal and civil options
6. Report to the New Jersey Division on Civil Rights if the conduct involves discrimination

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