Bill Text: NJ A1657 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits the use or possession of cellular picture phones to invade another person's privacy and prohibits camera or picture cell phones in schools.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A1657 Detail]
Download: New_Jersey-2010-A1657-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Camden)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Co-Sponsored by:
Assemblyman Cryan, Assemblywoman Lampitt, Assemblymen Moriarty, Schaer and Coutinho
SYNOPSIS
Prohibits the use or possession of cellular picture phones to invade another person's privacy and prohibits camera or picture cell phones in schools.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning privacy and amending and supplementing P.L.2003, c. 206.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L. 2003, c. 206 (C.2C:14-9) is amended to read as follows:
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 by any means, including but not limited to, a camera of any type, a camcorder, video camera, camera or picture cellular phone, digital imaging device or any other photographic or imaging technology, 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.
(2) A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner and by any means, including but not limited to, a camera of any type, a camcorder, video camera, camera or picture cellular phone, digital imaging device or any other photographic or imaging technology, an image depicting the intimate parts of another person under, beneath or through the person's clothing.
c. (1) An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure.
(2) A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording, or any other reproduction of the image depicting the intimate parts of another person under, beneath or through the person's clothing.
For purposes of this subsection, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
d. It is an affirmative defense to a crime under this section that:
(1) the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c., and
(2) the actor acted with a lawful purpose.
e. (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.
(2) It shall be a violation of c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:
(a) to law enforcement officers in connection with a criminal prosecution;
(b) pursuant to subpoena or court order for use in a legal proceeding; or
(c) to a co-worker, manager or supervisor acting within the scope of his employment.
f. It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.
g. For purposes of this act[,]:
(1) a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to [make] possess [and] or to disclose observations, photographs, films, videotapes, recordings or any other reproductions; and
(2) a provider of commercial mobile services, as that term is defined in 47 U.S.C. s.332, which is licensed by the Federal Communications Commission or electronic communication service in the normal course of business shall be deemed to be licensed or privileged to possess or disclose photographs, films, videotapes, recordings or any other reproductions.
h. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b.
(cf: P.L.2003,c.206,s.1)
2. Section 2 of P.L.2003, c. 206 (C.2A:58D-1) is amended to read as follows:
2. a. An actor who, without license or privilege to do so, 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] in violation of section 1 of P.L. 2003, c. 206 (C.2C:14-9), shall be liable to that person, who may bring a civil action in the Superior Court.
b. An actor who, without license or privilege to do so, discloses any photograph, film, videotape, recording or any other reproduction of 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] in violation of section 1 of P.L. 2003, c. 206 (C.2C:14-9), shall be liable to that person, who may bring a civil action in the Superior Court. For purposes of this section, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.
c. The court may award:
(1) actual damages, but not less than liquidated damages computed at the rate of $1,000.00 for each violation of this act;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney's fees and other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.
(cf: P.L.2003,c.206,s.2)
3. (New section) No person enrolled as a student of an elementary or secondary school shall knowingly bring or possess any camera or picture cellular phone on any property used for school purposes, at any time and regardless of whether school is in session or other persons are present unless the student has received permission from a parent or guardian and the parent or guardian notifies the school in writing. A violation of this section shall be a disorderly persons offense.
Nothing in this section shall be construed to prohibit a student from possessing a cellular phone which does not have a camera or photographic component.
4. This act shall take effect immediately.
STATEMENT
This bill establishes penalties for certain unauthorized use of a camera or picture cellular phone. Such behavior had not been anticipated when the Legislature enacted P.L.2003,c.206 (N.J.S.A.2C:14-9), the "video voyeurism" statute. In addition, this bill would prohibit camera or picture cell phones in schools. However, cell phones without a camera or photographic component would not be prohibited under the bill.
Section 1 of the bill would amend N.J.S.2C:14-9 concerning the unauthorized photographing or observing of another person under certain circumstances. Under the current law, it is a crime of the third degree for a person to photograph 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. This bill would make it a crime of the fourth degree if a person, knowing that he is not licensed or privileged to do so, photographs, films, or otherwise reproduces a recorded image depicting the intimate parts of another person under, beneath or through that person's clothing.
Currently, it is a crime of the third degree if a person, knowing that he is not licensed or privileged to so, discloses any photograph of 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. To "disclose" is defined in the law as selling, manufacturing, giving, providing, lending, trading, mailing, delivering, transferring, publishing, distributing, circulating, disseminating, presenting, exhibiting, advertising or offering. This bill would make it a crime of the fourth degree to disclose the recorded image of depicting another person under, beneath or through that person's clothing.
An exception with regard to possessing or disclosing such images is currently provided for law enforcement officers, corrections officers or guards in a correctional facility or jail, who are engaged in the official performance of their duties. This bill would expand this exception to include a provider of commercial mobile services in the normal course of business.
The bill would also amend N.J.S.A.2C:14-9 to clarify that photographing or videotaping by any means includes but is not limited to a camera of any type, a camcorder, video camera, camera or picture cellular phone, digital imaging device or any other photographic or imaging technology. In addition, the bill amends the law to provide consistency with regard to the internal references in the section.
Section 2 of the bill would update the provisions of N.J.S.A.2A:58D-1, the civil cause of action component to the "video voyeurism" statute to include the unauthorized use of a camera or picture cellular phone to obtain an image of another person under those circumstances set forth in the bill.
Section 3 of the bill would prohibit the possession of camera or picture cell phones on school property. Under the provisions of the bill, it would be a disorderly persons offense for any student enrolled in an elementary or secondary school to possess a camera or picture cell phone. The bill does provide an exception to this general prohibition, if the student's parent or guardian notifies the school principal in writing that the student has the parent or guardian's permission to possess the phone.
This bill would not prohibit a student from possessing a cellular phone which does not have a camera or a photographic component.
