This bill seeks to enhance the penalties associated with the crime of invasion of privacy in New Jersey by upgrading certain offenses and removing the presumption of nonimprisonment. Specifically, it amends the existing law to classify the act of observing another person without consent, under circumstances where a reasonable person would expect privacy, from a fourth-degree crime to a third-degree crime. Additionally, the bill eliminates the presumption of nonimprisonment for individuals convicted of this offense. Furthermore, it raises the classification of photographing or disclosing images of intimate parts without consent from a third-degree crime to a second-degree crime, which carries more severe penalties.

The bill also modifies N.J.S.2C:44-1 to include the newly classified third-degree invasion of privacy crime in the list of offenses that do not benefit from the presumption of nonimprisonment. This change reflects a broader effort to address privacy violations more stringently, with the potential penalties for a third-degree crime being three to five years of imprisonment and fines up to $15,000, while a second-degree crime could result in five to ten years of imprisonment and fines up to $150,000. The bill is set to take effect immediately and will apply to all offenses committed on or after its effective date.

Statutes affected:
Introduced: 2C:14-9