Revenge Porn Laws in New Jersey (2026): Your Rights and What to Do

    New Jersey treats nonconsensual sharing of intimate images far more seriously than most states. It is a third-degree crime rather than a misdemeanor, which means real prison exposure and a fine of up to $30,000, and the state also gives victims a separate civil claim with liquidated damages. Since 2025 the state has had a dedicated deepfake offense as well.

    New Jersey at a Glance

    Statute
    Invasion of privacy (disclosure of sexual images) — N.J.S.A. 2C:14-9
    Criminal classification
    Third-degree crime (felony-level)
    Maximum penalty
    Three to five years in state prison and a fine of up to $30,000
    Can you sue?
    Yes — N.J.S.A. 2A:58D-1
    Time limit to sue
    Generally two years for personal-injury style claims under N.J.S.A. 2A:14-2
    Deepfakes / AI images
    Covered

    Is Revenge Porn Illegal in New Jersey?

    Yes. N.J.S.A. 2C:14-9 makes it a crime to disclose a photograph, film, videotape, recording or any other reproduction of another identifiable person engaged in a sexual act, or of that person's intimate parts, without their consent, where the person had a reasonable expectation that the image would not be disclosed. Disclosure covers sending, posting, publishing, selling or otherwise making the material available to a third party, including sharing it with a single person.

    The same section also covers the earlier stages: observing someone in a state of nudity or engaged in a sexual act without consent, and photographing or recording them without consent, are separate offenses in their own right. Someone who filmed you without permission can therefore be charged even if they never shared the footage.

    New Jersey does not require proof that the person acted out of revenge, spite or a wish to harass. Knowingly disclosing the image without consent is enough, which makes the statute broader than the intent-based laws used in states such as Texas and Michigan.

    Penalties for Sharing Intimate Images in New Jersey

    Disclosure without consent is a third-degree crime. In New Jersey that carries an ordinary sentencing range of three to five years in state prison and a fine of up to $30,000, which is a higher maximum fine than the state's usual third-degree cap. A conviction is an indictable offense and stays on the record accordingly.

    Unlawful observation or recording without disclosure is a fourth-degree crime, punishable by up to 18 months and a fine of up to $10,000. If the images depict a minor, entirely separate and much more serious child sexual abuse material offenses apply, and those cases are handled very differently.

    Related conduct is frequently charged alongside the main offense: cyber-harassment under N.J.S.A. 2C:33-4.1, stalking, and extortion where someone demands money, images or contact in exchange for not posting.

    Can I Sue Someone in New Jersey?

    Yes, and New Jersey's civil route is unusually direct. N.J.S.A. 2A:58D-1 creates a private cause of action against anyone who violates the disclosure provisions of 2C:14-9. You do not need to wait for a criminal conviction, and the claim exists independently of whether prosecutors take the case.

    The statute allows actual damages or liquidated damages of $1,000 for each separate disclosure, whichever is greater, plus punitive damages, reasonable attorney's fees and costs. Because liquidated damages attach per disclosure, repeated posting or sending to multiple recipients can add up quickly. Courts can also grant injunctive relief requiring material to be taken down and not re-posted.

    Ordinary personal-injury claims in New Jersey generally have a two-year limitation period under N.J.S.A. 2A:14-2, so act promptly. If there is a signed agreement between the two of you, a breach of contract claim can usually be run alongside the statutory claim and often has a longer window.

    Does New Jersey Cover Deepfakes and AI Images?

    Yes. In April 2025 New Jersey enacted a law targeting deceptive audio and visual media, making it a crime to knowingly create or disclose deepfake media where it is used to commit a crime or to harm the person depicted. The offense sits alongside 2C:14-9 rather than replacing it, and it also gives the depicted person a civil claim.

    That means a sexual deepfake of an identifiable New Jersey adult can be pursued as a criminal matter and as a civil one, and the federal TAKE IT DOWN Act separately obliges covered platforms to remove reported nonconsensual intimate imagery, including digital forgeries, within 48 hours of a valid request.

    What to Do Right Now If Your Images Were Shared in New Jersey

    1. 1

      Preserve the Evidence Before Reporting It

      Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Because New Jersey allows liquidated damages per disclosure, a careful record of each separate posting or send directly affects what you can recover.

    2. 2

      Use the Platform's Intimate-Image Report

      Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.

    4. 4

      Report It in New Jersey

      Contact your local police department or the county prosecutor's office and refer to N.J.S.A. 2C:14-9. Say clearly if there were threats, stalking, extortion, hacking or images of a minor, because separate and more serious charges may apply. You can also apply to the courts for a restraining order where the other person is a current or former partner.

    5. 5

      Get Advice About the Civil Claim

      Ask a New Jersey attorney about the statutory claim under N.J.S.A. 2A:58D-1, which carries liquidated damages, punitive damages and attorney's fees, and about breach of any written agreement. The general deadline for personal-injury style claims is two years.

    Be Safer With a Written NDA as Evidence

    Most of New Jersey's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    New Jersey: Frequently Asked Questions

    Is revenge porn a felony in New Jersey?
    Effectively yes. It is a third-degree crime, New Jersey's equivalent of a felony, carrying three to five years in state prison and a fine of up to $30,000.
    Do I have to prove the person meant to harm me?
    No. N.J.S.A. 2C:14-9 turns on knowing disclosure without consent where you had a reasonable expectation of privacy. There is no requirement to show revenge, spite or an intent to harass.
    Can I sue for revenge porn in New Jersey?
    Yes. N.J.S.A. 2A:58D-1 allows actual damages or $1,000 in liquidated damages per disclosure, whichever is greater, plus punitive damages and attorney's fees.
    Does New Jersey law cover AI deepfake nudes?
    Yes. The 2025 deceptive audio or visual media law criminalizes creating or disclosing harmful deepfakes and also gives the depicted person a civil claim.
    Is it illegal to record someone without their consent in New Jersey?
    Yes. Observing or recording someone nude or engaged in a sexual act without consent is a fourth-degree crime under the same statute, even if nothing is ever shared.

    Sources

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    This page provides general information about New Jersey law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in New Jersey. Last reviewed August 2026.