Smartphones have made it easy to record and share almost anything — and New Jersey has a criminal statute that addresses when doing so crosses a serious legal line. Invasion of privacy under N.J.S.A. 2C:14-9 makes it a crime to secretly observe, photograph, or record someone in private circumstances, or to share intimate images without consent. These are sensitive, serious charges, and they’re prosecuted firmly.
What the statute prohibits
N.J.S.A. 2C:14-9 covers several types of conduct involving someone’s reasonable expectation of privacy, including:
- Observing another person without consent and under circumstances where they have a reasonable expectation of privacy, when they’re undressed or engaged in private activity.
- Photographing or recording such private images without consent.
- Disclosing or distributing intimate images of a person without their consent — the conduct commonly called “revenge porn.”
The law protects the reasonable expectation of privacy — in homes, bathrooms, changing areas, and similar settings — and the unauthorized sharing of intimate images regardless of how they were originally obtained.
How it’s graded
Invasion of privacy is a serious indictable offense — the unauthorized disclosure of intimate images is generally a third-degree crime, and the observing/recording conduct is commonly a fourth-degree crime. Beyond the criminal penalties, a conviction can carry significant collateral consequences and a lasting record, the kind of stakes we explain in disorderly persons vs. indictable offenses.
How these charges arise
- After a breakup — sharing private images out of anger, the classic revenge-porn scenario.
- Hidden recording — cameras or phones used to record someone without consent.
- Forwarding images — sending along intimate images of someone else.
- Disputed consent — situations where the parties disagree about what was agreed to.
Where these cases get defended
- Consent — whether the person consented to the recording and/or the sharing, often the heart of the case.
- Reasonable expectation of privacy — whether the setting and circumstances actually triggered the statute’s protections.
- Identity and attribution — in distribution cases, whether the State can prove who shared the images.
- The investigation — how devices and digital evidence were obtained.
These cases can also overlap with cyber-harassment and, where there’s an existing order, a restraining-order violation.
Accused of invasion of privacy? Preserve everything and stay off your phone
These are sensitive charges where consent and digital evidence are everything — and continued contact or sharing only makes things worse. If you’re facing a 2C:14-9 charge anywhere in New Jersey, it’s worth a free, confidential call before you do anything else.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.