Revenge Porn is a crime in New Jersey. A person can also sue for damages if their naked photographs and images are shared online. Unlike New York’s revenge porn statute, New Jersey does not require a perpetrator to intend to cause harm to the victim. It is enough that he or she shares the naked photographs or videos without consent.

Images that Are Covered under New Jersey’s Nonconsensual Pornography Law

New Jersey protects against a wide array of nonconsensual disclosure of intimate images. A person cannot share a picture or video of another who is having sex or sexual contact, has exposed intimate parts, or is in an undergarment without consent. This includes sharing pictures of a person in their bra or underwear; the plaintiff does not need to be completely naked.

Prohibited Acts Under the Law

The Revenge Porn Law prevents a person from giving images to another person. This means a culprit violates the law if they were to send a text message to their friends of a sex tape without the peron’’s permission. An ex boyfriend also cannot put naked photographs on Pornhub, Tumblr, or Fetlife without consent.

The law also prevents a spouse or individual from taking naked photographs of a person without consent. The images do not need to be shared in order to be part of a lawsuit.

Damages in a New Jersey Revenge Porn Case

New Jersey has a presumed amount of damages of $1,000.00 per picture that is shared. This means that a plaintiff is able to win a minimum of $1,000.00, however, if there are larger damages, they will be entitled to more money.

A person can also win punitive damages and an abuser can be ordered to pay attorney fees. The court has the power to prevent the culprit from sharing the images or videos in the future.

The Entire Text of New Jersey Revenge Porn Law, New Jersey Statute 2A:58D-1. Invasion of privacy, liability, civil action; damages, costs is below:

§ 2A:58D-1. Invasion of privacy, liability, civil action; damages, costs

a. An actor who, in violation of section 1 of P.L.2003, c.206 (C.2C:14-9), photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person who is engaged in an act of sexual penetration or sexual contact, the exposed intimate parts of another person, or the undergarment-clad intimate parts of another person shall be liable to that person, who may bring a civil action in the Superior Court.

b. An actor who, in violation of section 1 of P.L.2003, c.206 (C.2C:14-9), discloses any photograph, film, videotape, recording or any other reproduction of the image of another person who is engaged in an act of sexual penetration or sexual contact, the exposed intimate parts of another person, or the undergarment-clad intimate parts of another person shall be liable to that person, who may bring a civil action in the Superior Court. For purposes of this section: (1) “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not; and (2) “intimate parts” has the meaning ascribed to it in N.J.S.2C:14-1.

c. The court may award:

(1) actual damages, but not less than liquidated damages computed at the rate of $1,000 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.

A conviction of a violation of section 1 of P.L.2003, c.206 (C.2C:14-9) shall not be a prerequisite for a civil action brought pursuant to this section.