2015.58: New Jersey’s Revenge-Porn Statute

c. 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. 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.

That’s New Jersey Statute 2C:14-9(c). It’s unconstitutional as hell, it has been the law since 2004, and there are no appellate decisions interpreting it.

Have Gun, Will Travel Business Card

Have Gun, Will Travel Business Card

I’m just sayin’.

11 Comments

  1. “licensed … to do so”?

    Does the Garden State issue licenses to publish non-consensual pornography? Like a registered voyeur?

    1. I think it refers to film industry including adult video distributors , so unless you’re in that industry you can’t publish delicate videos and photos of your models. I believe one of the biggest adult distributor called International Video Distributors (IVD) is located in New Jersey.

    2. One of the proudest moments in a Jersey kid’s teen years is when he finally gets his NCP license.

      There’s more to the statute, such as this:

      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.

      Which I call the “head start defense.”

  2. Has any court ruled on whether hell is unconstitutional? There could be an Eighth Amendment issue, I suppose.

      1. Hmmm… I guess decency has lost its meaning since 1791 I guess. Then again, the issue it depends upon the standards of decency having evolved right?

  3. My client (child porn) just pled to three years and is about to shipped to Ohio to face charges for “Importuning.” Have you looked at that statute? I gave him your name and told him it might be unconstitutional like our solicitation statute.

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