New Jersey Voyeurism and Hidden Camera Laws: Statutes and Penalties

New Jersey criminalizes voyeurism and hidden camera recording under N.J. Stat. Ann. 2C:14-9. Covertly recording someone's exposed intimate parts or sexual activity without consent in a private location is a third-degree crime punishable by three to five years, while recording someone's undergarment-clad intimate parts (upskirting) is a fourth-degree crime carrying up to 18 months imprisonment. Sharing intimate images that were recorded without consent is also a third-degree crime.

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 a separate 2025 deepfake law covers AI-generated media made or shared to commit or further a crime.

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 statute was enacted in 2003 and last amended in 2016. It covers observing and recording by any means, including hidden cameras, smartphones, and drones. AI-generated imagery is addressed by a separate 2025 law, described below.

Offense Categories

The statute defines several categories of criminal conduct:

Observation and surveillance (2C:14-9(a)): Knowingly observing 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 activity. This covers both in-person voyeurism (Peeping Tom behavior) and the use of devices to observe. This is a crime of the fourth degree.

Recording exposed intimate parts or sexual activity (2C:14-9(b)(1)): 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 circumstances where a reasonable person would not expect to be observed. This is a crime of the third degree.

Recording undergarment-clad intimate parts, or upskirting (2C:14-9(b)(2)): Photographing, filming, videotaping, recording, or otherwise reproducing the image of another person's undergarment-clad intimate parts without consent, under circumstances in which a reasonable person would not expect those parts to be observed. This is a crime of the fourth degree, the same tier as observation.

Disclosure of intimate images (2C:14-9(c)): Disclosing an image of another person's exposed intimate parts, undergarment-clad intimate parts, or sexual activity that was taken in violation of subsection (b), unless the person consented to the disclosure. This is a crime of the third degree.

Installing or maintaining a hidden camera to observe or record someone in a private location is not a separate offense under 2C:14-9. It is prosecuted under whichever subsection above matches what the device actually captured: observation under (a) or recording under (b)(1)/(b)(2). Subsection 2C:14-9(d) is instead an affirmative defense: an actor who gave prior notice of the recording and acted for a lawful purpose is not guilty.

Hidden Camera Offenses

What Constitutes a Hidden Camera Offense

Under N.J. Stat. Ann. 2C:14-9, it is illegal to use a hidden camera, without the person's consent, 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
• Record someone's undergarment-clad intimate parts where they would not expect them to be observed, such as with a camera aimed up a skirt

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, without consent, of another person's intimate parts when they are exposed or covered only by undergarments, under circumstances in which a reasonable person would not expect them to be observed. "Intimate parts" means the sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person (N.J. Stat. Ann. 2C:14-1). Recording these areas without consent in those circumstances is illegal in public as well as private places: capturing undergarment-clad intimate parts is a fourth-degree crime under 2C:14-9(b)(2), and capturing exposed intimate parts is a third-degree crime under 2C:14-9(b)(1). Recording someone's fully clothed body is not covered.

This is an important distinction. While no New Jersey law bars ordinary photography in public, 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 exposed or undergarment-clad intimate parts, without consent, in circumstances where the person would not expect them to be observed, it can violate 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 disclose any photograph, film, videotape, recording, or other reproduction of another person's exposed intimate parts, undergarment-clad intimate parts, or sexual activity that was taken in violation of subsection (b), meaning without the person's consent where a reasonable person would not expect to be observed, unless the person has consented to the disclosure.

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

As written, subsection (c) covers only images taken in violation of subsection (b), that is, without consent. An intimate image that was originally made with the person's consent (such as a photo shared between partners during a relationship) falls outside that subsection, even if it is later shared without consent.

That sharing can still have consequences. Depending on the facts, it may be charged under other laws, such as harassment. It may also violate the federal TAKE IT DOWN Act (2025), and a federal law (15 U.S.C. 6851) lets a person sue someone who disclosed an intimate image of them knowing of, or recklessly disregarding, their lack of consent. That federal law covers images of uncovered intimate areas or sexually explicit conduct, not undergarment-clad images.

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 a deepfake image, video, or audio of a person for the purpose of committing or furthering a crime or offense, such as a sexual offense, harassment, or extortion, or knowing someone else will use it that way, is a crime of the third degree
• Sharing or using a deepfake for that purpose is also a third-degree crime, and knowingly or recklessly sharing a deepfake created in violation of the law is a crime of the fourth degree
• 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 images made or shared to commit or further a crime or offense (under P.L. 2025, c. 40)

Penalties for Voyeurism and Hidden Camera Offenses

Criminal Penalties

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

Invasion of privacy under N.J. Stat. Ann. 2C:14-9 is not one of the sex offenses that require registration under Megan's Law (N.J. Stat. Ann. 2C:7-2), whatever the victim's age and even on a repeat conviction. Registration can follow when the same conduct is also convicted under a listed offense. For example, recording a minor can be charged as endangering the welfare of a child under N.J. Stat. Ann. 2C:24-4, and several parts of that law, including those covering child sexual abuse material, are registrable.

Sex offender registration carries significant collateral consequences, including:

• Community notification requirements
• 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

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

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Frequently Asked Questions

What is the penalty for hidden cameras in New Jersey?

It depends on what the camera captures. Recording someone's exposed intimate parts or sexual activity without consent is a crime of the third degree under N.J. Stat. Ann. 2C:14-9(b)(1), carrying 3 to 5 years imprisonment and up to $15,000 in fines. Recording undergarment-clad intimate parts (upskirting) is a lesser crime of the fourth degree, up to 18 months and a $10,000 fine. Distributing the recordings is also a crime of the third degree, punishable by up to $30,000 in fines.

Is revenge porn illegal in New Jersey?

Yes, for images that were recorded without consent. Under N.J. Stat. Ann. 2C:14-9(c), sharing a nude or sexual image that was taken 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. As written, that subsection does not cover images originally made with consent, but sharing those can still violate other laws, including the federal TAKE IT DOWN Act.

Is upskirting illegal in New Jersey?

Yes. Recording under someone's clothing without consent violates N.J. Stat. Ann. 2C:14-9. Capturing undergarment-clad intimate parts is a crime of the fourth degree, punishable by up to 18 months imprisonment and a $10,000 fine, and capturing exposed intimate parts is a crime of the third degree. The law applies in both public and private locations.

Does New Jersey's deepfake law cover fake intimate images?

Yes, when they are made or shared to commit or further a crime. P.L. 2025, c. 40 makes it a crime of the third degree to create, share, or use a realistic AI-generated image of a person for the purpose of committing or furthering a crime or offense, such as a sexual offense or harassment, or knowing someone else will use it that way. Penalties include up to 5 years imprisonment and fines up to $30,000. Victims can also sue for civil damages.

Do I have to register as a sex offender for a voyeurism conviction in New Jersey?

Not for invasion of privacy itself. N.J. Stat. Ann. 2C:14-9 is not on the list of offenses that require Megan's Law registration under N.J. Stat. Ann. 2C:7-2. Registration can apply if the same conduct is also convicted under a listed offense, such as certain endangering-the-welfare-of-a-child offenses when the person recorded is a minor. Consult an attorney for advice on your specific situation.