Bill Text: NJ S4127 | 2024-2025 | Regular Session | Introduced
Bill Title: Imposes additional penalties for invasion of privacy where victim is candidate for public office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-03 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4127 Detail]
Download: New_Jersey-2024-S4127-Introduced.html
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Imposes additional penalties for invasion of privacy where victim is candidate for public office.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning non-consensual disclosure of an intimate image of a candidate for public office, and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Candidate" means a person seeking election or reelection to a public office of the State or of a county, municipality, school district, or any other public office thereof.
"Disclose" or "disclosure" means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether or not for pecuniary gain.
"Forged intimate image" means any image that is generated or substantially modified using technological means such that it falsely appears to be a realistic intimate image, regardless of whether the image or any accompanying description indicates in any way that the purported intimate image is not authentic.
"Intimate image" means any photograph, film, videotape, recording, digital file, or any other reproduction of the image of a person whose intimate parts are wholly or partially exposed or covered only by an undergarment, or who is engaged in an act of sexual penetration, sexual arousal, or sexual gratification. Intimate image includes an image that, by means of naming through captioning, metadata, or any other accompanying description, purports to be an image of the person named.
"Intimate parts" has the meaning set forth in subsection e. of N.J.S.2C:14-1.
"Sexual penetration" has the meaning set forth in subsection c. of N.J.S.2C:14-1.
b. A person commits a crime of the third degree if, knowing that the person is not licensed or privileged to do so, the person discloses an intimate image or forged intimate image of a candidate without the candidate's consent. For purposes of this subsection, a candidate's consent to being photographed, filmed, videotaped, recorded, observed, or otherwise having the candidate's image reproduced shall not be construed to include or imply the candidate's consent to the disclosure of such image. A candidate's consent to disclosure shall be strictly construed to be limited only to the express purpose for which consent was obtained.
c. A candidate who is the victim of a violation of subsection b. of this section may bring a civil action for injunctive or other equitable relief, and general or special damages, against the person who disclosed the intimate image or forged intimate image. The court may award a prevailing plaintiff reasonable attorney's fees and costs. A conviction under subsection b. of this section shall not be a prerequisite for a civil action under this subsection. This subsection shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy.
d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under subsection b. of this section shall not merge with a conviction for invasion of privacy under section 1 of P.L.2003, c.206 (C.2C:14-9), nor shall a conviction under section 1 of P.L.2003, c.206 (C.2C:14-9) merge with a conviction under subsection b. of this section.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the non-consensual disclosure of an intimate image or forged intimate image of a candidate for public office, and makes unlawful disclosure a crime of the third degree. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A candidate who is the victim of an unlawful disclosure may also pursue a civil action against the perpetrator.
Under the bill, "intimate image" is defined as any photograph, film, videotape, recording, digital file, or any other reproduction of the image of a person whose intimate parts are wholly or partially exposed or covered only by an undergarment, or who is engaged in an act of sexual penetration, sexual arousal, or sexual gratification. Intimate image includes an image that, by means of naming through captioning, metadata, or any other accompanying description, purports to be an image of the person named.
Under the bill, "forged intimate image" is defined as any image that is generated or substantially modified using technological means such that it falsely appears to be a realistic intimate image, regardless of whether the image or any accompanying description indicates in any way that the purported intimate image is not authentic. Such an image is also commonly known as a "deepfake."
The bill is intended to be applied in conjunction with the existing law on the invasion of privacy, N.J.S.A.2C:14-9. While the bill does not require any proof of intent to interfere in an election, such intent can be reasonably presumed and inferred from the fact that the victim of an invasion of privacy is a candidate for public office. Especially with respect to deepfakes, it has been widely reported that there are malicious actors who seek to disrupt or pervert the democratic process through the non-consensual disclosure of intimate images. Therefore, in the view of the sponsor, additional penalties are necessary in the election context to punish and deter such interference.
