New Jersey
New Jersey Voyeurism and Hidden Camera Laws: Statutes and Penalties
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 5 primary sources cited on this page. How we verify our legal content
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. Distributing intimate images 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 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The law was originally enacted to address Peeping Tom behavior but has been expanded over the years to cover modern technologies including hidden cameras, smartphones, drones, and most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(a)): 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. 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. This is a crime of the fourth degree, the same tier as observation.
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. 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 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:
- Real non-consensual intimate images (under 2C:14-9)
- 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 (2C:14-9(a)) | Crime of the Fourth Degree | Up to 18 months | Up to $10,000 |
| Recording exposed intimate parts or sexual activity (2C:14-9(b)(1)) | Crime of the Third Degree | 3 to 5 years | Up to $15,000 |
| Recording undergarment-clad intimate parts, or upskirting (2C:14-9(b)(2)) | Crime of the Fourth Degree | Up to 18 months | Up to $10,000 |
| Non-consensual disclosure (2C:14-9(c)) | Crime of the Third Degree | 3 to 5 years | Up to $30,000 |
| 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:
- Call local police or the New Jersey State Police to file a report
- Preserve evidence including screenshots, URLs, and any communications with the perpetrator
- Do not confront the perpetrator alone
- Contact a victim advocacy organization for support and guidance
- Consult an attorney about criminal and civil options
- Report to the New Jersey Division on Civil Rights if the conduct involves discrimination
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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. New Jersey criminalizes the non-consensual distribution of intimate images under N.J. Stat. Ann. 2C:14-9(c). It is a crime of the third degree, punishable by 3 to 5 years imprisonment and fines up to $30,000. This applies even if the images were originally created with consent.
Is upskirting illegal in New Jersey?
Yes. Recording someone's intimate parts without consent, including under their clothing, violates N.J. Stat. Ann. 2C:14-9. This is a crime of the fourth degree, punishable by up to 18 months imprisonment and a $10,000 fine. The law applies in both public and private locations.
Does New Jersey's deepfake law cover fake intimate images?
Yes. P.L. 2025, c. 40 makes it a crime of the third degree to create AI-generated intimate images of a person without their consent with intent to harm. 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?
It depends on the specific offense and circumstances. Certain voyeurism and invasion of privacy convictions under N.J. Stat. Ann. 2C:14-9 can trigger Megan's Law sex offender registration requirements, particularly for offenses involving minors or repeated violations. Consult an attorney for advice on your specific situation.
Updates
Corrected the penalty table and prose: recording someone's exposed intimate parts or sexual activity without consent is a third-degree crime (3-5 years, up to $15,000), not fourth degree as previously stated; only undergarment-clad recording (upskirting) is fourth degree. Also corrected a mislabeled 'installation of a device' offense (there is no standalone installation crime under 2C:14-9; subsection (d) is actually an affirmative defense, not a separate crime), and fixed two dead citation links (the deepfake-law press release and the sex offender registry).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2C:14-9Invasion of privacy, degree of crime; defenses, privileges.In forcecited in 4 of our articles
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. (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.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Security Camera Laws: Home, Business, and HOA Rules, New Jersey Video Recording Laws: What Is Legal and What Is Not, New Jersey Surveillance Camera Laws (2026 Guide)
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Sources and References
- N.J. Stat. Ann. 2C:14-9 - Invasion of Privacy(law.justia.com)
- P.L. 2025, c. 40 - Deceptive Audio or Visual Media Act (enrolled text)(pub.njleg.gov).gov
- New Jersey State Police - Sex Offender Registry (Megan's Law)(njsp.njoag.gov).gov
- New Jersey Division on Civil Rights(nj.gov).gov
- U.S. DOJ - Office on Violence Against Women(justice.gov).gov
- New Jersey Attorney General(nj.gov).gov
- N.J. Stat. Ann. 2A:156A-3 - Prohibited Interception(law.justia.com)