ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4174

STATE OF NEW JERSEY

DATED:  MAY 20, 2024

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 4174.

This bill amends the invasion of privacy statute, N.J.S.A.2C:14-9, to clarify that a person’s consent to being photographed, filmed, videotaped, recorded, observed, or otherwise having their nude, sexual, or sexually suggestive image reproduced is not be construed to include or imply the person’s consent to the disclosure of such image.  The bill also requires that a person’s consent to disclosure is strictly construed to be limited only to the express purpose for which consent was obtained.

     Under current law, a person’s consent to the taking of the image may be construed to waive any restriction on the subsequent disclosure of the image.  Under the bill, taking an image and disclosing an image are two separate acts that require two separate instances of consent.